CONSIDERING that restrictions on the disclosure or use of confidential information do not apply to the disclosure or use of confidential information and that parties are not liable for the disclosure or use of confidential information if one of the following conditions is applicable: (a) if it has been developed independently by the recipient party before being obtained by the other party or the party receiving it; (b) if, upon receipt of this source (i), it is made available to the public without restriction or (ii) it has been legally obtained from the recipient party from other sources, unless that source has received it because of a breach of a breach of a secret obligation to a third party or the parties; or (c) if it is known to the public, except because of disclosure by one of the parties there are certain issues that are commercially sensitive to a business, but you must nevertheless share the information with a third party. For example, with a potential franchisee, a business buyer or a new investor. Before disclosure, it is important to protect your business and ensure that the recipient of confidential information knows that they must respect the confidentiality of the information and penalties for non-compliance. Your business can do this by using a confidentiality agreement. In this article, our trade lawyers answer your most frequently asked questions about confidentiality agreements. RGPD. The dividing party can provide personal data to the recipient and the parties may provide responsible personal data or be data processors within the meaning of data protection legislation. When personal data is passed on to another party, the legal basis for disclosure of this information should be taken into account and appropriate data protection/RGPD clauses should be included in the NDA. It may make more sense to edit information so that it is no longer personal data, especially in the early stages of discussions. 1.1.2 „Processing“ any operation or series of transactions carried out with personal data or on personal data sets, whether collected, collected, organized, structured, stored, adapted or modified, recovered, advised, used, transmitted, disseminated, coordinated or combinations, restrictions, removal or destruction. In order to protect your confidential information, we always recommend that you take practical steps to protect the information, in addition to the conclusion of the agreement, as it is better to prevent any abuse of confidential information rather than having to rely on the NDA`s terms.
For example, revealing only what is absolutely necessary and staggered disclosure to prevent everything from being disclosed in advance.