The real secret about what can be considered confidential information.

What sort of information can be classified as confidential information? Well, stick around and I’ll tell you.

Hi everyone. Simon here from The Contract Company. Contracts is what we do, all day every day and sometimes overnight.

So you’d like to know what sort of information can be classified as confidential information? Well, I’ll tell you. Anything.

That’s it, end of video. Okay, I’ll give you a little bit more. Otherwise, that was going to be my shortest video ever.

Confidential Information

Basically, because the parties to an NDA are agreeing about way of contract, the terms and obligations of that contract.

As long as the terms of the contract are not unlawful or illegal, i.e. you’re not agreeing to murder someone which is obviously a crime and illegal.

As long as you’re not doing something illegal under the terms of a contract, the parties are free to agree whatever they want.

So that basically is a long way of saying, if the parties to a contract say that information about, this pen, is confidential, then it is.

And if you breach the terms of the contract by disclosing information about the pen, then you’re in trouble.

However, I would say one further thing. Most NDAs or confidentiality agreements do have a clause in there that basically says, the NDA protects obviously everything in it.  It is a breaching of the contract to disclose until such time as that information enters the public domain.

Public Domain

So, if there is information in the public domain, not from breach of this agreement, but from some other means about the pen, then because that information went into the public domain not through the breaching of the contract, that then actually nullifies the requirements in the NDA to keep that information confidential.

I hope that helps. Long story short, you can classify anything you like as being confidential. But, if that information is already in the public domain and not because of either party breached the agreement, but from some other means, then most likely, confidentiality in that information would cease.

I hope that helps. Any questions, please give us a call. simon@contractcompany.com.au or 1800 355 455. Thanks very much.

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