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

Summary

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

Introduction

Analysis

  • 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

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