| Commentary

61.1 Confidential information

| Commentary

61: CONFIDENTIALITY

(For confidentiality clauses see Form 61.1 [2121] onwards.)

61.1 Confidential information

The use of a confidentiality clause allows one or both parties to an agreement to keep matters connected with their agreement confidential, including information provided by the parties to each other. The scope of a clause imposing an obligation on one or both parties to keep all matters connected with their agreement confidential will depend on the subject-matter and the relationship between the parties.

In many cases a short general clause will suffice:

  1. ‘1    Confidentiality

    1.1    Each Party shall keep confidential:

    1. (a)    the terms of this Agreement; and

      (b)    any and all confidential information

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