Gartner Research

Negotiate Confidentiality Agreements That Protect Your Rights and Confidential Information

Published: 07 August 2013

ID: G00253084

Analyst(s): Stanley Zaffos, Jane B. Disbrow


I&O leaders and IT procurement teams must include language within their contracts that retains their right to discuss contracts with third parties. This research suggests language able to retain that right and protect any confidential information shared with potential suppliers.

Table Of Contents
  • Key Challenges



  • Understand How the Vendor Views Confidentiality Agreements
  • Avoid Signing Agreements That Prevent Reasonable Sharing of Beneficial Information
  • Include Clauses That Allow Discussion With External Parties
  • Review Pricing Published Under Public Agreements
  • Determine If a Document Marked "Confidential" Is Really Confidential
  • Obtain Legal Advice When Assessing Confidentiality Agreements
  • Address Definitions, Scope and Time Limits in Contracts
  • Accommodate Liability, Security and Unique Requirements

Recommended Reading

©2020 Gartner, Inc. and/or its affiliates. All rights reserved. Gartner is a registered trademark of Gartner, Inc. and its affiliates. This publication may not be reproduced or distributed in any form without Gartner’s prior written permission. It consists of the opinions of Gartner’s research organization, which should not be construed as statements of fact. While the information contained in this publication has been obtained from sources believed to be reliable, Gartner disclaims all warranties as to the accuracy, completeness or adequacy of such information. Although Gartner research may address legal and financial issues, Gartner does not provide legal or investment advice and its research should not be construed or used as such. Your access and use of this publication are governed by Gartner’s Usage Policy. Gartner prides itself on its reputation for independence and objectivity. Its research is produced independently by its research organization without input or influence from any third party. For further information, see Guiding Principles on Independence and Objectivity.

Already have a Gartner Account?

Purchase this Document

To purchase this document, you will need to register or sign in above

Become a client

Learn how to access this content as a Gartner client.