Q&As

Is it standard for a non-disclosure agreement to contain liability limitations (eg for loss of information and/or breach) and what arguments could be used to seek to remove any such provisions added by another party?

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Published on: 18 June 2021
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A Non-disclosure agreement or confidentiality Agreement is used where one or more parties wish to share confidential information. The parties expressly agree to keep the information confidential. See: Confidential information—overview.

In situations where the recipient seeks to impose liability limitations, you may find the following Precedents useful:

  1. •

    Confidentiality agreement—one-way—pro-recipient

  2. •

    Limitation of liability clause

The

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Jurisdiction(s):
United Kingdom
Key definition:
Non-disclosure definition
What does Non-disclosure mean?

The failure by an insured to declare a material fact, which would have affected the insurer’s ability to assess the risk, the terms of the policy and/or premium charged.

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