New Jersey Putting It All Together - Confidentiality Provisions

State:
Multi-State
Control #:
US-ND1305
Format:
Word; 
PDF
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Description

This form brings together several boilerplate contract clauses that work together to establish a confidentiality obligation from the parties and outline what that confidentiality agreement will apply to under the terms contract agreement. Both short and detailed examples are provided to suit individual needs and circumstances.

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FAQ

A typical confidentiality clause might say, "The phrases and circumstances of this Agreement are completely confidential between the parties and shall not be disclosed to anybody else. Any disclosure in violation shall be deemed a breach of this Agreement."

Information and records disclosed for any purpose shall be limited to that information which is relevant and necessary for the purpose of the disclosure, except as authorized by the consumer or his or her representative or required by law.

NEW JERSEY CONFIDENTIALITY LAWS New Jersey laws generally provide confidentiality protection for medical records and patients' health information and usually require consent for release of the records or disclosure of the information subject to certain exceptions.

The so-called common law duty of confidentiality is complex: essentially it means that when someone shares personal information in confidence it must not be disclosed without some form of legal authority or justification.

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.

A confidentiality agreement should include a clear definition of the confidential information, scope of the agreement, obligations of the receiving party, the duration of the contract, any exceptions to confidentiality, and the consequences of a breach of the contract.

Confidentiality refers to personal information shared with an attorney, physician, therapist, or other individuals that generally cannot be divulged to third parties without the express consent of the client.

The New Jersey privacy law includes requirements for the disclosure and processing of personally identifiable information (PII) and shares common ground with the laws that are effective in five other states.

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New Jersey Putting It All Together - Confidentiality Provisions