A confidentiality agreement obligates parties to protect defined information, specifying permitted uses, disclosure limits, duration, and remedies. In litigation it may supplement a protective order or govern pre-suit exchanges.
It binds only the parties to it.
Alternative Names:
Confidentiality Contract, Confidentiality Undertaking
Why it Matters?
Agreements govern where court orders cannot, particularly pre-suit information exchange during settlement discussions and information shared with experts and consultants who are not parties. The limitation is enforcement, since breach requires a separate contract action rather than a motion to the court supervising the litigation. Where court supervision matters, a protective order is the stronger instrument.
Frequently Confused with
Related terms
Frequently asked questions
How does an agreement differ from a protective order?
When is an agreement the right instrument?
