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Confidentiality Clauses In International Contracts

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Chapter Summary

This chapter explains the parallel relationship between confidentiality and non-use when the author examines the validity of secrecy clauses. Confidentiality undertakings come in various forms. They appear most frequently in certain types of contracts. They are often established at the negotiating stage, to appear again in the contract itself, which they frequently survive. The obligations created are unilateral, bilateral or parallel. The chapter examines these different aspects in turn. At the end of the detailed analysis of the various elements found in confidentiality clauses, 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 contracts or by the application of general principles and to reconsider more systematically the legal aspects of the transmission of data to third parties.

Keywords: confidentiality clauses; international contracts; legal proceedings; secrecy clauses

10.1163/ej.9789004176799.i-654.28
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