The Obligation Not to Disclose Versus the Obligation to Keep Confidential

I recently found myself once more poking around the entrails of confidentiality agreements. The issue related to one of the core obligations, namely the obligation not to disclose confidential information. (The other is the obligation not to use confidential information except as specified.)

The rest of this post is on the LegalSifter blog, here.

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.

1 thought on “The Obligation Not to Disclose Versus the Obligation to Keep Confidential”

  1. Chesterton distinguished between telling the truth and not lying, making the point that ‘not lying’ is far narrower than ‘telling’ (ie revealing) the truth.

    ‘Keeping data confidential’ is different to ‘not disclosing data’ as ‘keeping the crown jewels safe’ is different to ‘not stealing the crown jewels’.


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