⊿ Point. {R} Glossary. ◢ Keyword: C. ◥ University. {q} PhD. {tr} Training. ⚫ UK. ↂ EndNote. ☢️ Privacy. ☝️ Weerakkody. Confidentiality. Non-disclosure of information Confidentiality involves a set of rules or a promise usually executed through confidentiality agreements that limits the access to or places restrictions on distribution of certain types of information. Legal confidentiality[edit] By law, lawyers are often required to keep confidential anything pertaining to the representation of a client. The duty of confidentiality is much broader than the attorney–client evidentiary privilege, which only covers communications between the attorney and the client.[1] Both the privilege and the duty serve the purpose of encouraging clients to speak frankly about their cases.
In some jurisdictions, the lawyer must try to convince the client to conform his or her conduct to the boundaries of the law before disclosing any otherwise confidential information. Breach of confidence in English law[edit] In my judgment, three elements are normally required if, apart from contract, a case of breach of confidence is to succeed. Non-disclosure agreement. Contractual agreement not to disclose specified information In some cases, employees who are dismissed following their complaints about unacceptable practices (whistleblowers), or discrimination against and harassment of themselves, may be paid compensation subject to an NDA forbidding them from disclosing the events complained about.
Such conditions in an NDA may not be enforceable by law, although they may intimidate the former employee into silence.[3] A similar concept is expressed in the term "non-disparagement agreement", which prevents one party from stating anything 'derogatory' about the other party.[4] A non-disclosure agreement (NDA) may be classified as unilateral, bilateral, or multilateral: A bilateral NDA (sometimes referred to as a mutual NDA, MNDA, or a two-way NDA) involves two parties where both parties anticipate disclosing information to one another that each intends to protect from further disclosure. Some common issues addressed in an NDA include:[7] [edit]