12 Aspects of Confidential Information

1. A disclosure may be made for limited purposes.
2. Maintain a list of to whom and when the information was disclosed.
3. Record in writing what was disclosed.
4. A contract overrides the general law, with the exception of statutory enactments.
5. Once the disclosure has been made, it cannot be withdrawn.
6. Notify the recipient that the information is confidential before making the disclosure.
7. The remedies include and may vary between an account of profits, injunction, specific performance, disposal (under oath), and delivery up.
8. Stamp documents “Strictly Confidential”.
9. disclosure may take place to a small subset of the public and remain confidential.
10. Use a database to tag confidential information so that in the event of unlawful disclosure, evidence is at hand to assist in prove the fact.
11. Create a database to make a record of disclosures.
12. Where accidental disclosure may have fatal consequences, ensure that a non-disclosure agreement (NDA) has been signed prior to making a disclosure.