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Drafting Confidentiality Agreements

3rd Edition
Mark Anderson and Victor Warner
Availability: Published

This book gives practical assistance to everyone who needs to understand, negotiate or draft a confidentiality agreement. It is divided into three parts:

  • a practical explanation of how English law protects confidential information in a commercial context
  • a discussion of commercial practice in relation to confidentiality agreements, including commentary on the provisions of such agreements
  • a selection of precedents for confidentiality agreements (also provided on the accompanying CD).

This edition includes:

  • a checklist of things to consider before entering into a confidentiality agreement
  • additional precedents for such situations as confidentiality undertakings by visitors to premises and a job applicants, a confidentiality agreement where disclosure is restricted to a particular person only in an organisation, and a confidentiality agreement with prospective licensees of software
  • additional drafting notes throughout
  • additional commentary on when confidentiality obligations are implied (and the extent of the implied obligations) in commercial situations.


1. The law relating to confidentiality  2. Essential features of the law  3. Remedies for breach of confidence  4. The employer - employee relationship  5. Commercial strategy  6. Drafting negotiations  7. Special situations and relationships  8. Managing the flow of information  9. Conclusions  10. Precedents. 

About the Author

Mark Anderson is Managing Partner of Anderson Law LLP, a visiting lecturer at the Institute of Brand and Innovation Law, University College London, and a member of the Law Society's Intellectual Property Law Committee. He has over 30 years' experience of drafting and advising on confidentiality agreements for business and university clients. Victor Warner is a solicitor at Anderson Law LLP specialising in intellectual property and technology law.

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Company and commercial


September 2014


Law Society




Paperback + CD
232 Pages