Q&As

If the name of a third party supplier is disclosed under a non-disclosure agreement (NDA), is it a breach of the NDA for the recipient to contract with the named supplier directly?

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Published on LexisPSL on 05/07/2018

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • If the name of a third party supplier is disclosed under a non-disclosure agreement (NDA), is it a breach of the NDA for the recipient to contract with the named supplier directly?
  • Non-disclosure agreemnts
  • Implied terms and construction of the NDA
  • Conclusion

If the name of a third party supplier is disclosed under a non-disclosure agreement (NDA), is it a breach of the NDA for the recipient to contract with the named supplier directly?

Non-disclosure agreemnts

The purpose of a non-disclosure agreement (NDA) would be for the two parties to share confidential information or to keep trade and business secrets private. NDAs can be mutual or unilateral (being in favour of either the recipient or the discloser) but this distinction does not affect the answer to the Q&A.

A usual NDA would contain provisions to the following effect:

  1. the recipient of the information undertakes not to use the confidential information disclosed by the other party except for a specific purpose, without first obtaining the written consent of the other party. The confidential information can be widely

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