Email confidentiality is an essential aspect of modern business operations. It involves the protection of sensitive information from unauthorized access, use, or disclosure. In today`s digital age, email is a primary means of communication, which makes it an attractive target for cybercriminals. Therefore, it is essential to have a strong email confidentiality agreement in place.
An email confidentiality agreement is a legal document that outlines the terms and conditions of email communication between parties. The agreement sets forth the expectations and responsibilities of each party to ensure that sensitive information remains confidential. It is a critical document that can help prevent data breaches, safeguard intellectual property, and protect the privacy of both parties.
If you`re looking to create an email confidentiality agreement, here`s a sample agreement that can be used as a starting point.
[Company Name] Email Confidentiality Agreement
This Email Confidentiality Agreement (“Agreement”) is made and entered into as of [Date], by and between [Company Name], a [State] corporation, with its principal place of business at [Address] (“Disclosing Party”), and [Recipient], with its principal place of business at [Address] (“Receiving Party”).
1. Purpose
The purpose of this Agreement is to set forth the terms and conditions by which information exchanged via email between the Disclosing Party and the Receiving Party shall be kept confidential.
2. Confidential Information
“Confidential Information” means any information disclosed by the Disclosing Party to the Receiving Party, whether written, verbal, or otherwise, that is not generally known outside of the Disclosing Party`s organization and that is marked confidential or identified as such in writing within [insert number of days] business days of disclosure.
3. Obligations of the Receiving Party
The Receiving Party shall maintain confidentiality of the Confidential Information and shall only use the Confidential Information for the purpose of [insert purpose]. The Receiving Party shall not disclose, transfer, distribute, or otherwise make available the Confidential Information to any third party, except with the prior written consent of the Disclosing Party. The Receiving Party shall take all reasonable steps to prevent the unauthorized disclosure or use of the Confidential Information.
4. Exceptions
Confidential Information shall not include any information that: (i) is or becomes available to the public through no fault of the Receiving Party; (ii) is rightfully received by the Receiving Party from a third party without a duty of confidentiality; (iii) is independently developed by the Receiving Party without reference to the Confidential Information; or (iv) is required to be disclosed by law or court order, provided that the Receiving Party gives the Disclosing Party prompt written notice of such requirement prior to disclosure.
5. Term and Termination
This Agreement shall be effective as of the date first written above and shall continue until terminated by either party upon [insert number of days] days` written notice to the other party. The obligations of the Receiving Party under this Agreement shall survive the termination of this Agreement.
6. Governing Law
This Agreement shall be interpreted and enforced in accordance with the laws of the State of [State], without regard to its choice of law provisions.
7. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.
8. Amendments
This Agreement shall not be amended or modified except in writing signed by both parties.
By signing below, the parties agree to the terms and conditions of this Email Confidentiality Agreement.
Disclosing Party:
[Name]
[Title]
[Date]
Receiving Party:
[Name]
[Title]
[Date]
In conclusion, an email confidentiality agreement is a crucial document that every business should have in place. It helps to establish clear guidelines and expectations for the handling of sensitive information. By using this sample agreement as a guide, businesses can create a strong email confidentiality agreement that protects against data breaches and safeguards intellectual property.