This Precedent contains two long form and two short form mutual confidentiality clauses, each with a version that uses in-clause definitions and a version where any definitions used are to be set out in the definitions and interpretation clause of the relevant agreement.

Confidentiality provisions in an agreement are highly dependent on subject matter and commercial circumstances. Obligations imposed in a research and development agreement should differ substantially from, for example, those included in a sale of goods agreement.

These confidentiality clauses are or use where disclosure of confidential information is ancillary to the main purpose of the contract. If the disclosure and use of confidential information is fundamental to the agreement between the parties, consider inserting either the long form confidentiality clause, more stringent obligations or having a separate confidentiality agreement.

Confidential Information has the meaning given to it in clause 1.1;

Discloser has the meaning given to it in clause 1.1;

Permitted Purpose has the meaning given to it in clause 1.3.4;

Recipient has the meaning given to it in clause 1.1;