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Confidentiality


BankFodder
Are you receiving letters or email marked 'confidential'?
Don't worry about it. For the most part you can't be bound to keep things secret in this way. Most lawyers and para-legals wouldn't know a duty of confidence if it rose up and bit them on the bum.
You can't impose a unilateral - one-sided - duty of confidentiality on someone. 'In confidence' is something that lawyers and DCA's put on the top of their letters without thinking or without understanding what they are doing.
Normally a duty of confidentiality only comes about as a result of a specific agreement to keep a secret.
Unfortunately most ordinary people don't understand confidentiality either, and they go along with it. If you agree to accept a payment on conditions of confidentiality, then you are bound by it - but why grant confidentiality in the first place. Refuse to accept any secret payments. Normally speaking, a requirement of confidentiality is no more than a try-on.
Secrets learned by eavesdropping may be protected by confidentiality without agreement.
Wrong-doings can not be protected by confidentiality, regardless of agreement.
Aliases
  • Confidential
  • NDA
  • Nondisclosure agreement
  • In confidence
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