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Financial Confidentiality Agreement Template for United States

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Key Requirements PROMPT example:

Financial Confidentiality Agreement

"I need a Financial Confidentiality Agreement to protect sensitive investment strategy information being shared with a potential private equity partner during upcoming due diligence meetings scheduled for March 2025, with specific provisions for data room access and trading information."

Document background
The Financial Confidentiality Agreement serves as a critical tool for protecting sensitive financial information in business relationships. This document is essential when parties need to share confidential financial data, trading strategies, investment plans, or other proprietary information during due diligence, negotiations, or ongoing business relationships. Used extensively in the United States financial sector, it ensures compliance with federal securities laws and state regulations while providing legal remedies in case of unauthorized disclosure.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms including Confidential Information, Permitted Purpose

4. Confidentiality Obligations: Core obligations regarding protection of confidential information

5. Permitted Disclosures: Circumstances under which disclosure is allowed

6. Term and Termination: Duration of obligations and termination provisions

Optional Sections

1. Return of Information: Procedures for returning or destroying confidential information when physical documents or data are involved

2. Securities Laws Compliance: Specific provisions regarding insider trading when public companies are involved

3. Data Protection: Specific data handling requirements when personal or sensitive financial data is involved

Suggested Schedules

1. Schedule of Confidential Information: Detailed list of information covered by the agreement

2. Authorized Representatives: List of individuals authorized to receive confidential information

3. Security Protocols: Specific procedures for handling confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses

























Industries

Defend Trade Secrets Act (DTSA) 2016: Federal law providing uniform protection for trade secrets, including civil and criminal penalties for misappropriation, and whistleblower protections.

Economic Espionage Act: Federal law criminalizing the theft of trade secrets, particularly relevant for protecting financial information and intellectual property.

Securities Exchange Act 1934: Federal law governing securities trading and insider trading provisions, crucial for financial confidentiality in public companies.

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive data.

Sarbanes-Oxley Act 2002: Federal law establishing enhanced standards for corporate disclosure and financial reporting, including confidentiality requirements.

Uniform Trade Secrets Act: State-level legislation (adopted by most states) providing framework for trade secret protection and remedies for misappropriation.

SEC Regulations: Federal regulatory framework governing securities markets, including requirements for handling confidential financial information.

FINRA Rules: Self-regulatory organization rules governing financial services firms, including confidentiality and information protection requirements.

State Data Breach Laws: State-specific requirements for notification and handling of data breaches involving confidential information.

California Consumer Privacy Act: California-specific law providing enhanced privacy rights and consumer protection for residents, affecting financial data handling.

National Labor Relations Act: Federal law affecting how confidentiality agreements can be structured in relation to employee rights and protected activities.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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