« This agreement and all disputes, controversies, proceedings or claims of any kind arising from this agreement or its origin (including non-contractual disputes or claims) are governed by English law and are interpreted accordingly. » A confidentiality agreement can be concluded in two basic formats: a mutual agreement or a unilateral agreement. A unilateral agreement provides that only one party shares confidential information with the other party. A reciprocal confidentiality agreement is provided in the event that each party can disclose confidential information. The nature of the relationship between the parties determines the nature of the confidentiality agreement. For example, a mutual agreement is reached where there is a cooperative relationship between the parties. And where the parties have an overview of each other`s affairs. For example, if the parties have a simple customer-supplier relationship, a unilateral confidentiality agreement is more appropriate. Employer-employee relations generally use a unilateral confidentiality agreement. It is true that the General Data Protection Regulations (GDPR) require an employer in 2018 to protect a worker`s confidential personal data. 2.6.3 The parties agree in writing that this is not confidential information or cannot be disclosed (subject to restrictions or other conditions in the specific agreement regarding the method or recipient or disclosure of that information). The problems encountered in this regard are highlighted by Mr. Justice Mann`s comments in the case of Apple Corps Ltd -v- Apple Computer Inc.2.
Mr. Justice Mann indicated that: 12.3 In order to avoid the doubts of this clause 12, none of the contracting parties prevents a termination action or other appeal before a competent court. Finally, a confidentiality agreement should describe the procedures governing litigation.