Confidentiality Waiver for the United Kingdom

Confidentiality Waiver Template for England and Wales

A Confidentiality Waiver is a legal document governed by English and Welsh law that releases one or more parties from their obligations to keep specific information confidential. The document identifies the original confidential information, specifies the extent of the waiver, and may include conditions or limitations on how the newly-released information can be used. It provides legal protection for both the party waiving confidentiality and the party being released from confidentiality obligations.

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What is a Confidentiality Waiver?

A Confidentiality Waiver is used when a party who originally shared confidential information wishes to release another party from their confidentiality obligations. This document, governed by English and Welsh law, is commonly required during corporate transactions, litigation, or when business relationships evolve. The waiver specifies exactly what information can be disclosed, to whom, and under what circumstances. It's essential to clearly define the scope and duration of the waiver to prevent unintended disclosures while providing necessary flexibility for business operations.

What sections should be included in a Confidentiality Waiver?

1. Parties: Identification of the party waiving confidentiality and the party receiving the waiver

2. Background: Context of the original confidentiality obligation and reason for waiver

3. Definitions: Key terms including 'Confidential Information' and scope of waiver

4. Scope of Waiver: Specific confidential information covered by the waiver

5. Duration: Time period for which the waiver is valid

What sections are optional to include in a Confidentiality Waiver?

1. Limited Purpose: Details of specific purposes for which confidential information may be used - include when waiver is granted for specific purposes only

2. Third Party Rights: Rights of third parties regarding the waived information - include when third parties may be affected by the waiver

3. Surviving Obligations: Confidentiality obligations that remain in force - include when only partial waiver is granted

What schedules should be included in a Confidentiality Waiver?

1. Schedule 1: Specified Information: Detailed list of confidential information covered by the waiver

2. Schedule 2: Original Confidentiality Agreement: Copy of the original agreement being waived

3. Schedule 3: Authorized Recipients: List of parties authorized to receive the confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use
Industries

Data Protection Act 2018: UK's primary data protection legislation implementing GDPR principles. Essential for defining how personal data can be disclosed and what protections must remain in place even after a confidentiality waiver.

UK General Data Protection Regulation: Post-Brexit version of GDPR that sets out the fundamental rights of individuals regarding their personal data and the bases for lawful processing and disclosure.

Human Rights Act 1998: Particularly Article 8 concerning the right to privacy, which must be considered even when drafting confidentiality waivers to ensure basic privacy rights are not violated.

Law of Confidence: Common law principle protecting confidential information and defining when confidence can be breached. Essential for understanding the scope and limitations of confidentiality waivers.

Breach of Confidence principles: Common law principles establishing when disclosure of confidential information constitutes a breach, helping define proper waiver parameters.

Contract Law fundamentals: Basic principles of English contract law that govern the validity and enforceability of the waiver as a legal document.

Freedom of Information Act 2000: Legislation governing public access to information held by public authorities, which may interact with confidentiality waivers in public sector contexts.

Privacy and Electronic Communications Regulations 2003: Regulations concerning privacy in electronic communications, relevant when confidentiality waivers involve electronic data or communications.

Official Secrets Act 1989: Legislation protecting state secrets and official information, which may limit the scope of what can be included in a confidentiality waiver for government-related matters.

Trade Secrets Regulations 2018: Regulations protecting trade secrets and defining their treatment, crucial for confidentiality waivers in commercial contexts.

Financial Services and Markets Act 2000: Specific regulations for the financial sector that may affect confidentiality waivers relating to financial information or services.

Healthcare Confidentiality Regulations: Specific regulations governing patient confidentiality and medical information, including NHS guidelines and medical practice requirements.

Legal Professional Privilege: Legal principle protecting communications between lawyers and clients, which may affect the scope of confidentiality waivers in legal contexts.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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