What is a “Handling of Confidential Information & Safeguarding Requirements” clause?..
Companies may have both contract language and policies regarding the handling of confidential information. In the employment or consulting context, it is important to have such policies in place so that confidential information isn’t lost or disclosed. Safeguards might be required, for example, to avoid the situation where an employee or consultant takes their work laptop home and in turn, permits an unauthorized person to use it. There should also be safeguards in place for a situation where an employee or consultant accesses their company information from their home or public computers (remote log-in, etc.). Contract language to this effect often incorporates a minimum standard of care (e.g. confidential information is handled, at minimum, in the same way that the recipient would handle their own confidential information, or “in no event less than reasonable degree of care”, or in “strict confidence", or at the "highest standard of care."). It is important to consider, in the particular situation, which standard of care and safeguarding procedures are appropriate and practical. Privacy legislation may also require that parties to a proposed transaction refrain from disclosing personal information unless they have entered into an agreement that binds the parties to protect that information by security safeguards appropriate to the sensitivity of the information.
Blogs related to this clause:
Can emails be considered confidential information, and therefore can come under the obligation to return or destroy?
June 1 2017
COURT ORDERS DELETION OF CONFIDENTIAL EMAILS Pakage Apparel Inc [...]
September 3 2015
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