Transparency and Confidentiality Clause Samples
The Transparency and Confidentiality clause defines the balance between sharing necessary information and protecting sensitive data within an agreement. It typically outlines what information can be disclosed to relevant parties, such as regulators or stakeholders, while specifying which details must remain confidential, like trade secrets or proprietary business information. This clause ensures that parties can operate openly where required, but also safeguards critical information, thereby fostering trust and compliance while minimizing the risk of unauthorized disclosures.
Transparency and Confidentiality. 19.1. The Implementing Partner shall not, without RWI’s prior written consent, publicly divulge, disseminate, publish or otherwise disclose any information or data that is considered proprietary by RWI, or that is delivered or disclosed to the Implementing Partner during the course of implementation of the Project, and that is designated as confidential. Such information and data shall generally be handled with required care and discretion and be used solely for the purpose for which it was disclosed.
19.2. The Implementing Partner may disclose confidential information to its employees and officials, who have a need to know such confidential information solely for purposes of performing the Implementing Partner’s obligations under the Agreement, its annexes and the Agreement Documents.
19.3. The Implementing Partner may also disclose information to the extent required by law, provided that the Implementing Partner will give RWI sufficient prior notice of a request for the disclosure of information in order to allow RWI reasonable opportunity to take protective measures or such other action as may be appropriate before any such disclosure is made.
19.4. The obligations and restrictions of confidentiality shall be effective during the term of the Agreement, including any extension thereof, and shall remain effective following any termination of the Agreement.
19.5. Subject to what is stated in the above provisions, both Parties shall have the right to publish any documents or other informational data relating to the Project on its internet sites and other relevant media.
19.6. The Implementing Partner is aware that SI is subject to inter alia the Swedish Freedom of the Press Act (1949:105) and Public Access to Information and Secrecy Act (2009:400). Upon request for the disclosure of documents received by SI, SI must in each case assess if such document may be disclosed in whole, or, where there are grounds for confidentiality, disclosed in part. SI’s assessment regarding confidentiality may be subject to review by an administrative court.
Transparency and Confidentiality. (a) Each Party shall establish or maintain transparent, effective and equitable procedures for the impartial and reasonable application of bilateral safeguard measures, in compliance with the provisions of this Article.
(b) Any information which is by nature confidential or which is provided on a confidential basis shall, upon cause being shown, be treated as such by the competent authorities. Such information shall not be disclosed without permission of the party submitting it. Parties providing confidential information may be requested to furnish non-confidential summaries thereof or, if such parties indicate that such information cannot be summarized, the reasons why a summary cannot be provided. However, if the competent authorities find that a request for confidentiality is not warranted and if the party concerned is either unwilling to make the information public or to authorize its disclosure in generalized or summary form, the authorities may disregard such information unless it can be demonstrated to their satisfaction from appropriate sources that the information is correct.
Transparency and Confidentiality. 1. Each Party shall publish or otherwise make publicly available, their laws, regulations, judicial decisions and administrative rulings of general application as well as their respective international agreements that may affect the operation of this Agreement.
2. Each Party shall promptly respond to specific questions and provide, upon request, information to another Party on matters referred to in paragraph 1.
3. Nothing in this Agreement shall require any Party to disclose confidential information that would impede law enforcement or otherwise be contrary to the public interest or that would prejudice the legitimate commercial interests of particular enterprises, public or private. Where a Party provides information to another Party in accordance with this Agreement and designates the information as confidential, that Party shall maintain the confidentiality of the information.
4. In case of any inconsistency between this Article and provisions relating to transparency in other parts of this Agreement, the latter shall prevail to the extent of the inconsistency.
Transparency and Confidentiality. 1. The Authority shall make public the application for authorisation, relevant supporting information and any supplementary information supplied by the applicant, as well as its scientific opinions, in accordance with Article 38 and Articles 39 to 39f […] of Regulation (EC) No 178/2002, which shall apply mutatis mutandis.
2. In accordance with the conditions and the procedures laid down in Articles 39 to 39f of Regulation (EC) No 178/2002 and this Article, the applicant may request certain parts of the information submitted under this Regulation to be kept confidential, accompanied by verifiable justification; and, the Authority shall assess the confidentiality request submitted by the applicant.
3. In addition to Article 39(2) of Regulation (EC) No 178/2002 and pursuant to Article 39(3) of that Regulation, the Authority may also grant […] confidential treatment with respect to the following information, where the disclosure of such information is demonstrated […] by the applicant to […] potentially harm its interests […] to a significant degree:
(a) the study plan for studies demonstrating the efficacy of a feed additive in terms of the aims of its intended use as defined in Article 6(1) and Annex I to this Regulation; and,
(b) specifications of the impurities of the active substance and the relevant methods of analysis developed internally by the applicant, except for impurities that may have adverse effects on animal health, human health, or the environment.
4. This Article is without prejudice to Article 41 of Regulation (EC) No 178/2002."
Article 5 Amendments to Regulation (EC) No 2065/2003 on smoke flavourings
(1) Article 7 is amended as follows:
(a) in paragraph 2, point (c) is replaced by the following:
Transparency and Confidentiality. 1. Where the Commission requests its opinion in accordance with Articles 10(3) and 16 of this Regulation, the Authority shall make public the application for authorisation, relevant supporting information and any supplementary information supplied by the applicant, as well as its scientific opinions, in accordance with Article 38 and Articles 39 to 39f […] of Regulation (EC) No 178/2002 and with this Article.
2. The applicant may request certain parts of the information submitted under this Regulation to be kept confidential, accompanied by verifiable justification, upon submission of the application.
Transparency and Confidentiality. 79. The JBRC will make public and update the list of its members and the members of the RCG.
80. The JBRC will declare agreed documents as non-confidential, for publication, or for circulation. This includes information on the tasks and members of the JBRC and its substructures, which will be published on the internet.
81. Any publication is without prejudice to the professional secrecy obligations arising for the ECB acting in its monetary policy function from Article 37 of the Statute of the European System of Central Banks and of the European Central Bank8 (in the following, referred to as the “Statute”), for the ECB acting in its supervisory function from Article 27 of Council Regulation (EU) No 1024/20139 (in the following, referred to as the “SSM Regulation”), the professional secrecy obligations under Directive 2013/36/EU of the European Parliament and of the Council10, and professional secrecy obligations arising from Article 70 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council11 (in the following, referred to as the “EBA Regulation”). The EBA standards and procedures concerning professional secrecy12 will apply.
82. The members of the JBRC and the RCG as well as the members of the EGs are subject to the obligations of professional secrecy stemming from Article 70 of the EBA Regulation, Article 37 of the Statute, and Article 27 of the SSM Regulation.
83. The members of the JBRC and the RCG as well as the members of the EGs will each sign a declaration of confidentiality at the date of taking up their duties and will keep confidential (i.e. will not make public nor share) all confidential documents that have been made available to them as a consequence of their status as members of the JBRC, the RCG or an EG, respectively.
84. If a member of the JBRC or the RCG, or a member of an EG, fails to act as set out in paragraph 83, the JBRC Chairpersons will seek to undertake all appropriate measures, which may include requesting the member to resign.
Transparency and Confidentiality. (a) Subject to Section 18.2, the Parties agree that:
(i) following Closing, a mutually agreed redacted version of this Agreement, including, for certainty, the Schedules; and
(ii) following the Effective Date, a mutually agreed upon summary of the transactions contemplated in this Agreement, will be publicly available and will not be subject to any requirements of confidentiality.
(b) Subject to the other sections of this Article 18, the Parties agree that:
(i) the redacted terms of this Agreement, including, for certainty, any redactions to the Schedules; and
(ii) the substance of any negotiations between them with respect to exploring the resolution reached through this Agreement, whether occurring before, during or after the currency of this Agreement, (collectively, the “Confidential Information”) is and shall remain strictly confidential as between them, except that each Party is permitted to communicate the Confidential Information:
Transparency and Confidentiality. Notwithstanding the foregoing, neither of the Parties nor its personnel shall communicate to any other person or entity any confidential information made known to it by the other Party/ies in the course of the implementation of this MoU, nor shall it use this information to private or company advantage.
Transparency and Confidentiality. 12.1 The Recipient hereby gives its consent for the Authority to publish the Agreement and all Reports in their entirety including changes to the same as may be agreed from time to time, to the general public. The Authority does not accept any obligation of confidentiality and will not be bound by any markings of confidentiality unless expressly agreed in writing with the Recipient.
12.2 Any information disclosed by the Authority which is marked as confidential shall be treated as such and the Recipient shall comply with the reasonable instructions of the Authority regarding the protection and non-disclosure of the same.
Transparency and Confidentiality. 1. Each Party shall ensure that any laws, regulations, procedures and administrative rulings of general application as well as any international commitments relating to any trade matter covered by this Agreement are promptly published or made publicly available and brought to the attention of the other Party.
2. Without prejudice to specific transparency provisions in this Agreement, the information referred to under this Article shall be considered to have been provided when the information has been made available to the East African Community Secretariat and the European Commission or to the WTO or on the official, publicly and fee-free accessible website of the Parties.
3. Nothing in this Agreement shall require any Party to provide confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of particular enterprises, public or private, except to the extent that it may be necessary to be disclosed in the context of a dispute settlement proceeding under Part VII of this Agreement. Where such disclosure is considered necessary by a panel established under Article 113 of Part VII the panel shall ensure that confidentiality is fully protected.
1. Taking account of the geographical proximity of the outermost regions of the European Union and the EAC Partner States and in order to reinforce economic and social links between those regions and the EAC Partner States, the Parties shall endeavour to facilitate cooperation in all areas covered by this Agreement between the outermost regions of the EU and the EAC Partner States.
2. The objectives enunciated in paragraph 1 of this Article shall also be pursued, wherever possible, through fostering the joint participation of the EAC Partner States and the outermost regions of the EU in the framework and specific programmes of the EU in areas covered by this Agreement.
3. The EU shall endeavour to ensure coordination between the different financial instruments of the EU's cohesion and development policies in order to ▇▇▇▇▇▇ cooperation between EAC Partner States and the outermost regions of the EU in the areas covered by this Agreement.
4. Nothing in this Agreement shall prevent the EU from applying existing measures aimed at addressing the structural social and economic situation of its outermost regions pursuant to Article 349 of the Treaty on the Functioning of the European Union.