How do companies track what is “Confidential Information”?
Confidential Information can either be marked as confidential, or be of a nature where it should be understood as confidential. This works for many b2b companies because it facilities easier conversations without creating arbitrary steps to confirm whether something was marked as confidential. However, some companies have a hard time tracking what is someone else’s confidential information. As a result, some companies require all Confidential Information to be marked as “confidential” or “proprietary” so that there is no ambiguity.
Sample language
Written to work with Common Paper standard agreements.
Require Confidential Information to be marked
Mutual NDA version: 1.0
Remove “[. . .] or (2) should be reasonably understood as confidential or proprietary due to its nature and the circumstances of its disclosure [. . .]” from the first sentence of Section 1.