Q&As

Where an agreement contains a confidentiality clause in favour of one party only, can the contractual relationship as a whole imply a common understanding of the confidential nature of the other party, notwithstanding the clause itself?

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Published on LexisPSL on 17/09/2014

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

  • Where an agreement contains a confidentiality clause in favour of one party only, can the contractual relationship as a whole imply a common understanding of the confidential nature of the other party, notwithstanding the clause itself?

Where an agreement contains a confidentiality clause in favour of one party only, can the contractual relationship as a whole imply a common understanding of the confidential nature of the other party, notwithstanding the clause itself?

Lexis®PSL Commercial carries a suite of content on confidentiality within the topic: Confidential information.

Generally speaking, case law refers to information which (a) is confidential in nature, and (b) has originated or been disclosed in circumstances such that the recipient is under an obligation to keep it confidential. The question of whether an obligation of confidentiality arises will very much depend on the individual circumstances. For instance, the question of whether the fact that party B is a business partner could be classified as confidential information (thereby restricting party A’s ability to advertise this fact) would, in the absence of any oral or written contract, legislative requirement or other professional or common law duty of

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