Descrizione
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The ICC Commission on Commercial Law and Practice (CLP) Task Force on Confidentiality Agreements first prepared the ICC Model Confidentiality Agreement and ICC Model Confidentiality Clause in 2006, in response to a request from a large number of companies that had expressed a need for a global, cross-sectoral confidentiality agreement. The 2006 models were recently updated to reflect changes in practice.
Protecting all kinds of confidential business information (be it technical, commercial or financial) is a legitimate business concern in various industries and branches of trade and arises in relation to a variety of business transactions. Confidentiality agreements are often concluded prior to passing on any confidential information and many international contracts contain general confidentiality clauses. There are many models in use; each company tends to treat its own confidentiality agreement with great pride and possessiveness, which causes delays, discussions, negotiations and higher transaction costs. The ICC Model Confidentiality Agreement and the ICC Model Confidentiality Clause 2016 attempt to provide to industry and commerce a common platform for confidentiality obligations, which may be acceptable in various industries and transactions or, at least, reduce the scope of discussions and negotiations regarding confidentiality agreements and clauses.
Notwithstanding the obvious advantages of standardization, a number of qualifications must be made.
First, the two models presented here have not been drafted with any particular industries in mind and the models may have to be adjusted to reflect the specific needs of certain industries.
Second, the two models have been designed to apply to a wide variety of situations, but may well need adaptation for certain specific contracts or to better reflect the particular nature of certain transactions.
