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Confidentiality Clause in Poland

Confidentiality Clause in Poland

Updated on Friday 11th September 2015

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The protection of vital information

 
The confidentiality clause is present in many Polish agreements and is designed to protect the parties against disclosure of important information, trade secrets, special sources or production methods. It is recommendable to treat sensitive information with extreme caution and this is why Polish businesses, irrespective of the size of the company or the business domain, choose to include confidentiality agreements in their contracts.
 
Confidentiality agreements or clauses are the most common way to remain protected and prevent the disclosure of vital information. Our Polish law firm can provide consultancy for business owners who need to draw up confidentiality agreements when doing business with other partners.
 

Types of confidentiality agreements and what they can contain

 
Confidential information can be protected through a confidentiality clause contained in an agreement signed in Poland or through a separate special confidentiality agreement. Polish companies can choose to protect themselves against abuse of confidential or proprietary information and they can adapt the confidentiality agreement to suit their specific business needs.
 
Confidentiality agreements can be unilateral or bilateral. Mutual or bilateral confidentiality agreements are concluded between two parties who demand the same level of protection during their collaboration. Unilateral confidentiality agreements protect only one of the parties involved in the business. All the parties must be clearly identified within the contract: the agreement must contain the complete name of the company, the type of company, its address, postal code and other significant identification details.
 

What is confidential information in Poland?

 
Patents, special production methods, trade secrets, and other information that the company wishes to keep a secret can be included in a confidentiality agreement. The definition of the confidential information must be included in the agreement and it is also possible to regulate the confidential nature of orally or visually disclosed information. These types of agreements can be concluded between various parties. It is not uncommon for employers in Poland to have their employees sign a confidentiality agreement.
 
Some exceptions to what is considered confidential information include:
- information that is already released in the public domain;
- information that was already in the possession of the parties;
- what was developed without the use of the other party’s confidential information;
- any information that needs to be disclosed by law.
 
The duration of the confidential agreement can be determined by the parties. Also, the parties can stipulate the preferred resolution method, either by court or through arbitration, should any disputes regarding confidentiality arise during their collaboration.
 
We can help you deal with any legal issues or liabilities that arise after entering a confidentiality agreement. Our Polish law firm can also offer you legal representation. 
 
 

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