# Discloser

> a party to this Agreement when it discloses its Confidential Information, directly or indirectly, to the other party;

**Term:** Discloser  
**Last updated:** 2026-07-29

## Definition

## What Discloser Means in a Contract

The Discloser is the contracting party that originates and shares Confidential Information with the other side, known as the Recipient. This role is fundamental to any confidentiality or non-disclosure clause because it establishes who holds the protected information and who bears the risk if that information is misused or leaked. Every obligation in the confidentiality section flows from this initial designation.

In many agreements, particularly mutual non-disclosure agreements, both parties act as Discloser and Recipient simultaneously or at different points during the relationship. This dual role matters because it shapes how broadly protections apply and whether each party's information receives symmetrical treatment. A one-way disclosure, by contrast, assigns the Discloser role permanently to a single party, often reflecting an imbalance in the underlying commercial relationship.

## How Discloser Is Defined or Measured

Contracts typically define Discloser by reference to the act of sharing information rather than by any inherent characteristic of the party itself. The definition usually captures disclosure made.

## Context

### Relevant circumstances

- When a party shares confidential information under an NDA
- If onward disclosure or retention obligations attach to the discloser
- Where breach of confidentiality entitles the discloser to remedies

### Relevant sectors

- Legal Services
- Business Services
- Commercial Contracts

## Relevant contract types

- [Service Agreement](https://www.genieai.co/en-us/template-type/service-agreement)
- [Sale Agreement](https://www.genieai.co/en-us/template-type/sale-agreement)
- [Partnership Agreement](https://www.genieai.co/en-us/template-type/partnership-agreement)

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