| Commentary

61.2 Issues to be addressed

| Commentary

61.2 Issues to be addressed

Typically, a confidentiality clause might cover some or all of the following issues:

  1. (a)

        What information is covered by the confidentiality obligation?

    1. (i)

          Is all information learnt about the other party’s business and commercial affairs to be kept confidential or only that information which is confidential?

    2. (ii)

          Technical information, for example manufacturing know-how, provided by one party to the other is to be kept confidential by the other.

    3. (iii)

          Information developed under the contract by either party is to be kept confidential. Depending on the nature of the contract, the obligation could be:

      1.     on

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