Maine Confidentiality Agreement for Board Members
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How to fill out Confidentiality Agreement For Board Members?
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What are a Board Member's Responsibilities?Establishing the Organization's Mission and Purpose.Executive Director-Selecting, Supporting, Reviewing.Organizational Planning.Monitoring and Managing Financial Resources.Assessing and Developing Skills.Serve on Committees.Recruiting New Board Members.More items...?
In a 2005 Delaware Chancery Court case involving the Walt Disney Company, the court determined that certain documents relating to 'private communications among or deliberations of the Company's board of directors' should remain confidential.
Violating a confidentiality agreement is a breach of a contract. A party who believes that he or she has been harmed by the breach can bring legal action, including asking for damages for the harm he or she allegedly suffered.
The agreement should identify the purpose to which the recipient can put the confidential information. All other uses of the confidential information should be prohibited. Sometimes a confidentiality agreement states that no rights are licensed by the confidentiality agreement. This is stating the obvious.
It's widely understood that material non-public information is confidential and to be kept private. However, as this Harvard Law School blog post points out, there is some board information, for example, day-to-day board deliberations, that is not necessarily material in and of itself.
Board members also have limits on how they can share information and with whom they may share it. Maintaining confidentiality also means that board members must maintain the confidentiality of any personal or sensitive information they acquire during their service to the board.
Confidential information is personal information shared with only a few people for a designated purpose. The person who is receiving the information from you, the receiver, generally cannot take advantage and use your information for their personal gain, such as giving the information out to unauthorized third parties.
Board members must keep confidential all information pertaining to matters dealt with by the Board. This includes board meeting minutes, agendas, reports to the Board and associated documents, and information contained in those documents.
Directors have a fiduciary duty to maintain confidentiality, and inappropriate disclosure, whether intended or inadvertent, can violate federal securities laws. Directors rely on confidentiality to facilitate candid deliberations with fellow board members.