Construction Confidentiality Agreement for the United Kingdom

Construction Confidentiality Agreement Template for England and Wales

A legally binding agreement governed by the laws of England and Wales, designed to protect confidential information shared during construction projects. The agreement establishes obligations for handling sensitive project data, technical specifications, pricing information, and proprietary construction methods. It includes provisions for data protection, intellectual property rights, and specific requirements for information security in the construction industry context.

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What is a Construction Confidentiality Agreement?

The Construction Confidentiality Agreement is essential when parties need to share sensitive information during construction projects in England and Wales. This document is particularly relevant when exchanging proprietary construction methods, pricing strategies, design specifications, or commercially sensitive project information. It establishes clear obligations for handling confidential information, defines permitted uses, and outlines consequences of breach. The agreement is structured to comply with English law requirements while addressing specific needs of the construction industry.

What sections should be included in a Construction Confidentiality Agreement?

1. Parties: Identification of the parties entering into the agreement

2. Background: Context of the construction project and reason for confidentiality agreement

3. Definitions: Key terms used throughout the agreement including definition of confidential information

4. Confidentiality Obligations: Core obligations regarding handling of confidential information

5. Permitted Disclosures: Circumstances under which confidential information can be shared

6. Duration: Period for which confidentiality obligations remain in force

7. Return of Information: Requirements for returning or destroying confidential information

What sections are optional to include in a Construction Confidentiality Agreement?

1. Data Protection: Required when confidential information includes personal data

2. Intellectual Property: Protection of designs and other IP in construction context

3. Public Sector Provisions: FOI and transparency obligations for public sector bodies

4. Security Requirements: Specific security measures for information storage and handling

What schedules should be included in a Construction Confidentiality Agreement?

1. Schedule of Confidential Information: Detailed list of information covered by the agreement

2. Schedule of Permitted Recipients: List of authorized individuals or entities who may access the information

3. Security Protocols: Detailed security procedures for handling confidential information

4. Project Details: Specific details of the construction project relevant to confidentiality

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
Relevant legal definitions
Clauses
Industries

Trade Secrets (Enforcement, etc.) Regulations 2018: Key UK legislation implementing EU Trade Secrets Directive that defines and governs the protection of trade secrets and confidential information

Data Protection Act 2018 and UK GDPR: Legislation governing the processing and protection of personal data that may be included within confidential information

Common Law Contract Principles: Fundamental principles of contract law including offer, acceptance, consideration, and intention to create legal relations

Construction Act 1996: Housing Grants, Construction and Regeneration Act providing context for construction industry relationships and relevant provisions

Construction Design and Management Regulations 2015: Regulations governing safety and design information in construction projects that may be subject to confidentiality

Freedom of Information Act 2000: Legislation relevant when public sector bodies are involved in the construction project and handling of confidential information

Copyright, Designs and Patents Act 1988: Legislation protecting intellectual property rights including designs and other creative works in construction projects

Common Law Breach of Confidence: Equitable doctrine providing remedies for unauthorized disclosure of confidential information

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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