In defining “Confidential Information,” don’t throw in the kitchen sink
This week’s musings on tech contracts… NDAs and confidentiality clauses often define “Confidential Information” to include … anything the drafter can think of. For instance: “Confidential Information” includes: (a) business and financial information, including purchasing, manufacturing, customer lists, investor information …”; (b) specifications, models, designs, equipment, engineering, software programs …; (c) patent filings, know-how, trade […]
Don’t blur the lines between confidentiality and data protection
This week’s musings on tech contracts … IT contracts often include data in the definition of “Confidential Information.” In other words, they use the confidentiality clause to protect “Customer Data” – or whatever else they’re calling the data at issue. That’s not … the worst idea I’ve ever heard. But it leads to some questions. […]