Confidentiality Waiver Form for the United States

Confidentiality Waiver Form Template for United States

A Confidentiality Waiver Form is a legal document used in the United States that formally releases parties from their confidentiality obligations regarding specific information. This document operates under federal and state trade secret laws, including the Defense Trade Secrets Act and state-specific privacy regulations. It explicitly details the scope of confidential information being released, the parties involved, and any conditions or limitations on the waiver.

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What is a Confidentiality Waiver Form?

The Confidentiality Waiver Form is essential when parties need to legally share otherwise protected information with third parties or the public. This document is commonly used in situations involving business transactions, legal proceedings, or regulatory compliance requirements. Under U.S. jurisdiction, it provides protection for both the party waiving confidentiality and the recipient by clearly defining the scope and conditions of the waiver. The form should specify what information can be disclosed, to whom, and under what circumstances, while maintaining protection for any information not explicitly included in the waiver.

What sections should be included in a Confidentiality Waiver Form?

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

2. Purpose: Clear statement of why the confidentiality waiver is being granted

3. Scope of Waiver: Specific description of what confidential information is being waived

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

5. Acknowledgment: Statement that the waiving party understands the implications

What sections are optional to include in a Confidentiality Waiver Form?

1. Limited Use Provisions: Restrictions on how the disclosed information can be used - include when the waiver needs to be limited to specific purposes

2. Third Party Disclosure: Provisions regarding sharing information with additional parties - include when information might need to be shared beyond immediate parties

3. Return of Materials: Requirements for returning or destroying confidential materials - include when physical or digital materials are involved

What schedules should be included in a Confidentiality Waiver Form?

1. Schedule A - Description of Confidential Information: Detailed list of specific confidential information covered by the waiver

2. Schedule B - Authorized Recipients: List of individuals or entities authorized to receive the confidential information

3. Schedule C - Security Measures: Required security measures for handling the information, if any

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

United States

Publisher

Genie AI

Cost

Free to use
Industries

Federal Trade Secrets Protection Act: Key federal legislation protecting trade secrets and confidential business information from misappropriation

Freedom of Information Act (FOIA): Federal law governing public access to government records, which may impact confidentiality obligations involving government entities

Privacy Act of 1974: Federal law establishing controls over the collection, maintenance, use, and dissemination of personal information

Electronic Communications Privacy Act: Federal law extending government restrictions on wire taps to include electronic data transmission

Economic Espionage Act: Federal law criminalizing theft of trade secrets with intent to benefit foreign powers

Uniform Trade Secrets Act: State-level legislation providing uniform rules for protection of trade secrets, adopted by most U.S. states

HIPAA: Healthcare-specific privacy regulations governing protected health information

GLBA: Financial services privacy regulations governing customer financial information

FERPA: Educational privacy regulations protecting student education records

GDPR Compliance Requirements: EU data protection regulations that may apply if handling data of EU residents

Common Law Contract Principles: Legal principles governing contract formation, consideration, capacity, and voluntary nature of agreements

Whistleblower Protection Laws: Federal and state laws protecting individuals who report violations of law from retaliation

Constitutional Rights: First Amendment free speech rights and Fourth Amendment privacy protections that may impact confidentiality obligations

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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