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Confidentiality Clauses in International Contracts

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Chapter Summary

Confidentiality undertakings come in various forms. They appear most frequently in certain types of international contracts. The obligations created are unilateral, bilateral or parallel. This chapter examines these different aspects of practice, with detailed analysis of confidentiality clauses in their different elements. At the end of the analysis, a number of more general reflections lead us to recall that such clauses are present in a context where a duty of discretion is imposed by the law itself, by the very nature of the contract or by the application of general principles and to reconsider more systematically the legal aspects of the transmission of data to third parties. The chapter examines the difficult questions of the legality of confidentiality clauses and their effect on the production of documents in legal proceedings. It examines the effectiveness of confidentiality clauses in practice, and offers some advice to negotiators.

Keywords: confidentiality clauses; international contracts; legal aspects



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