Cet exemple de clause de confidentialité en anglais a pour but de définir les obligations de confidentialité entre les parties au regard des informations divulguées.
Voici notre modèle en anglais de clause de confidentialité (à titre indicatif)
Confidentiality (on an indicative basis)
For the purpose of this clause « confidential information » shall mean all information disclosed by a PARTY to the other PARTY, including but not limited to technical, financial, engineering, scientific and commercial information, datas, know-how, drawings, plans, charts, formulations, procedures, designs, studies, findings, reports, inventions.
Each PARTY shall hold the other PARTY’s confidential information received in writing, orally or by any other means, in the utmost and strictest confidence, use such confidential information only for the purposes of this AGREEMENT and not disclose such confidential information to any third parties unless expressly authorized in writing by the disclosing PARTY.
The hereabove shall not apply to confidential information which the receiving PARTY can prove (i) was available to the public prior to receipt or becomes available to the public thereafter through no fault or negligence of the receiving PARTY, or (ii) was already in the possession of the receiving PARTY prior to receipt, or (iii) is lawfully obtained from a third party legally entitled to do so after the time of receipt, or iv) is independently developed by the receiving PARTY without reference to confidential information received from disclosing PARTY, as evidenced by written records.
The present confidentiality obligations shall remain in full force and effet for a period of twenty (20) years after the termination of this AGREEMENT.