Disclosure by law clause: Copy, customize, and use instantly
Introduction
A disclosure by law clause outlines the circumstances under which one party may be required to disclose confidential information due to legal or regulatory obligations. This clause ensures that both parties understand their obligations and procedures in the event that disclosure is mandated by law or court order, while still aiming to protect the interests of the disclosing party.
Below are templates for disclosure by law clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Standard disclosure by law clause
This version includes basic provisions for legal disclosure.
If either party is required by law, regulation, or court order to disclose any confidential information under this Agreement, the disclosing party must notify the other party as soon as practicable, unless prohibited by law. The disclosing party will cooperate with the other party to seek protective orders or take other appropriate actions to limit the scope of such disclosure.
Disclosure by law clause with provision for reasonable notice
This version applies to reasonable notice.
In the event that a party is required to disclose confidential information pursuant to a legal obligation, that party must notify the other party promptly and in writing, providing sufficient details of the required disclosure. The disclosing party will make reasonable efforts to delay or limit the disclosure to the extent permissible by law.
Disclosure by law clause with provision for cooperation
This version applies to cooperation.
If disclosure of confidential information is required by law, both parties agree to cooperate in seeking an appropriate protective order or other relief to protect the confidentiality of the information. The receiving party shall bear all costs associated with seeking such protection.
Disclosure by law clause with provision for minimum disclosure
This version applies to minimum disclosure.
If either party is compelled to disclose confidential information due to legal or regulatory requirements, the disclosing party will limit the disclosure to the minimum necessary to comply with the legal obligations, ensuring that all other information remains confidential.
Disclosure by law clause with provision for court-ordered disclosure
This version applies to court-ordered disclosure.
In the event that a party is required to disclose confidential information by a court order, the disclosing party shall promptly notify the other party and provide a copy of the court order. The disclosing party shall disclose only the information specified in the order, and no more.
Disclosure by law clause with provision for disclosure to government authorities
This version applies to government authorities.
If any confidential information is required to be disclosed to a government authority, the disclosing party must notify the other party before making such disclosure, unless prohibited by law. The disclosing party will use reasonable efforts to limit the disclosure and ensure that the information is protected.
Disclosure by law clause with provision for non-disclosure to unauthorized parties
This version applies to non-disclosure to unauthorized parties.
Any disclosure of confidential information pursuant to a legal requirement must be made only to the appropriate authorities or parties, and the disclosing party shall take reasonable steps to prevent the information from being disclosed to any unauthorized parties.
Disclosure by law clause with provision for no waiver of confidentiality
This version applies to no waiver of confidentiality.
The obligation of confidentiality under this Agreement remains in full force and effect, even if disclosure is required by law or court order. Disclosure due to legal requirements will not be considered a waiver of any confidentiality obligations or a breach of this Agreement.
Disclosure by law clause with provision for disclosure in case of merger or acquisition
This version applies to merger or acquisition.
In the event that a party is required to disclose confidential information in connection with a merger, acquisition, or other corporate transaction, the disclosing party must ensure that the recipient of the information is bound by confidentiality obligations at least as stringent as those in this Agreement.
Disclosure by law clause with provision for timely notification
This version applies to timely notification.
If a party is compelled by law, regulation, or court order to disclose confidential information, the disclosing party must notify the other party as soon as possible, but no later than [X] days after receiving notice of the legal requirement. This notice will allow the other party the opportunity to seek a protective order or other remedy.
Disclosure by law clause with provision for judicial review
This version applies to judicial review.
If a party is required to disclose confidential information pursuant to legal or judicial processes, the disclosing party shall allow the other party to participate in the proceedings to seek a judicial review of the disclosure requirement, to the extent permissible by law.
Disclosure by law clause with provision for governmental investigations
This version applies to governmental investigations.
If a party is required to disclose confidential information due to an investigation by a governmental agency, that party will inform the other party as soon as possible and provide a description of the information being requested. The disclosing party will cooperate with the other party in limiting the scope of the disclosure.
Disclosure by law clause with provision for financial regulators
This version applies to financial regulators.
If disclosure of confidential information is required by a financial regulatory body or authority, the disclosing party will notify the other party immediately and provide all relevant details regarding the regulatory request. The disclosing party will cooperate to minimize the scope of disclosure while fulfilling the regulatory obligations.
Disclosure by law clause with provision for ongoing protection after disclosure
This version applies to ongoing protection.
If confidential information is disclosed due to a legal requirement, the receiving party shall continue to protect the disclosed information to the best of its ability, subject to the terms of this Agreement, and ensure that any third party receiving the information is also bound by appropriate confidentiality obligations.
Disclosure by law clause with provision for written confirmation
This version applies to written confirmation.
When disclosing confidential information under legal compulsion, the disclosing party shall provide written confirmation to the other party detailing the nature of the disclosure, the legal basis for the disclosure, and any steps taken to protect the information from further disclosure.
Disclosure by law clause with provision for third-party disclosure
This version applies to third-party disclosure.
If the disclosing party is required to disclose confidential information to a third party due to a legal obligation, the disclosing party will ensure that the third party is subject to confidentiality obligations that are consistent with the terms of this Agreement.
Disclosure by law clause with provision for limitation of rights
This version applies to limitation of rights.
Any disclosure of confidential information required by law does not grant the receiving party any additional rights to the information beyond what is necessary to comply with the legal obligation. The receiving party may not use the disclosed information for any other purpose.
Disclosure by law clause with provision for prompt action
This version applies to prompt action.
If a party is required to disclose confidential information by law, it shall take prompt action to inform the other party of the requirement. The disclosing party shall cooperate with the other party in seeking to prevent or limit the disclosure of such information.
Disclosure by law clause with provision for judicial intervention
This version applies to judicial intervention.
If disclosure is required by law or court order, the disclosing party will attempt to seek judicial intervention to prevent or limit the scope of disclosure to the extent possible. The disclosing party will inform the other party promptly and cooperate in any efforts to protect the confidentiality of the information.
Disclosure by law clause with provision for seeking protective orders
This version applies to seeking protective orders.
If a party is required to disclose confidential information due to a legal obligation, it shall immediately notify the other party and work in good faith to seek a protective order or other legal remedy to prevent the disclosure of the confidential information or to limit its scope.
Disclosure by law clause with provision for no waiver of confidentiality
This version applies to no waiver of confidentiality.
The requirement to disclose confidential information under law shall not constitute a waiver of the confidentiality obligations outlined in this Agreement. The disclosing party will continue to maintain the confidentiality of all other information not specifically required to be disclosed.
Disclosure by law clause with provision for international disclosure
This version applies to international disclosure.
If disclosure of confidential information is required by a foreign law or regulation, the disclosing party will notify the other party as soon as possible and work to ensure that any disclosure complies with the relevant international data protection and confidentiality laws.
Disclosure by law clause with provision for mutual notification
This version applies to mutual notification.
In the event that either party is required by law or regulation to disclose confidential information, that party must notify the other party in writing as soon as possible. Both parties will cooperate to minimize the extent of the disclosure to the extent permitted by law.
Disclosure by law clause with provision for confidentiality of disclosed information
This version applies to the confidentiality of disclosed information.
If confidential information is disclosed due to a legal requirement, the receiving party will treat the disclosed information as confidential and limit its use to the extent required by the legal obligation, ensuring it is not disclosed to any unauthorized parties.
Disclosure by law clause with provision for jurisdictional requirements
This version applies to jurisdictional requirements.
If the disclosure of confidential information is required due to legal or regulatory obligations in a specific jurisdiction, the disclosing party will comply with the applicable jurisdiction’s requirements but will seek to limit the disclosure to only what is required by law.
Disclosure by law clause with provision for reporting on legal compliance
This version applies to reporting on legal compliance.
Upon request, the receiving party must provide the disclosing party with details of any legal requests or subpoenas for confidential information. Both parties will work together to ensure that the disclosure complies with the law while maintaining as much confidentiality as possible.
Disclosure by law clause with provision for third-party request
This version applies to third-party request.
If a third party requires disclosure of confidential information under legal obligation, the disclosing party must promptly notify the other party and seek guidance on the appropriate action. Disclosure will only be made to the extent required by the third-party request.
Disclosure by law clause with provision for maintaining confidentiality post-disclosure
This version applies to maintaining confidentiality post-disclosure.
Following any disclosure of confidential information required by law, both parties will continue to comply with the confidentiality obligations under this Agreement. The receiving party must take all necessary precautions to protect the information after its disclosure.
Disclosure by law clause with provision for notice to affected parties
This version applies to notice to affected parties.
If either party is required to disclose confidential information pursuant to legal or regulatory demands, the disclosing party will, where legally permissible, notify the affected parties of the requirement to disclose and allow them to seek protective measures if appropriate.
Disclosure by law clause with provision for no liability for forced disclosure
This version applies to no liability for forced disclosure.
The parties agree that no liability will arise from a disclosure required by law or court order, provided that the disclosing party takes reasonable steps to minimize the scope of the disclosure and informs the other party of the disclosure as soon as possible.
Disclosure by law clause with provision for public records
This version applies to public records.
If any confidential information is required to be disclosed as part of a public record due to legal requirements, the disclosing party must notify the other party and, where feasible, ensure that only the minimum necessary information is disclosed to comply with the legal obligation.
Disclosure by law clause with provision for dispute over disclosure
This version applies to dispute over disclosure.
If either party disputes the legal requirement to disclose confidential information, both parties will cooperate to contest the disclosure to the fullest extent allowed by law. This includes seeking legal remedies to protect the confidentiality of the information.
Disclosure by law clause with provision for handling of financial information
This version applies to financial information.
If confidential financial information is required to be disclosed by law, the disclosing party shall notify the other party and ensure that the disclosure complies with the applicable financial disclosure regulations while maintaining confidentiality as much as possible.
Disclosure by law clause with provision for cooperating in disclosure process
This version applies to cooperation in the disclosure process.
Both parties agree to cooperate fully in the event that confidential information must be disclosed by law. This includes assisting in seeking any protective measures, minimizing the scope of disclosure, and ensuring that only the legally required information is disclosed.
Disclosure by law clause with provision for proactive protection efforts
This version applies to proactive protection efforts.
In the event that a party is required by law to disclose confidential information, it will take proactive steps to protect the information, including requesting confidential treatment, seeking a protective order, or challenging the disclosure if possible under applicable law.
Disclosure by law clause with provision for timely action
This version applies to timely action.
If a party receives a legal request to disclose confidential information, they must promptly notify the other party and take timely action to comply with the legal requirements while seeking to minimize the impact on the confidentiality of the information.
Disclosure by law clause with provision for notification of court orders
This version applies to court orders.
In the event that a court orders the disclosure of confidential information, the disclosing party must immediately notify the other party and provide a copy of the court order, allowing the other party the opportunity to seek appropriate protective measures.
Disclosure by law clause with provision for post-disclosure protections
This version applies to post-disclosure protections.
After the disclosure of confidential information as required by law, the receiving party will continue to ensure that the disclosed information is protected. The receiving party will limit further use of the disclosed information and comply with any restrictions imposed by law.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.