What is the confidentiality clause?

The famous confidentiality clause, or the classic NDA (for its acronym in English, which always sounds more cool), is basically that legal pact between two or more players so as not to walk ventilating sensitive data or industrial secrets, sometimes too juicy, which are shared between them. And yes, this roll is every day bread in the world of public tenders and public sector contracts. Because? Because without something, anyone could go from Bocón and filter strategies, ideas, budgets ... and goodbye fair competition. Imagine the disaster.

Without a confidentiality clause in the contract, companies would be competing in inequality, because anyone could cheat with the info of another. Of course, the NDA is not just blah, legal blah: forces everyone involved to keep their mouths closed, not use that information for rare purposes, and just share it with those who really need it for the tender. If someone puts the leg and filters something, then touches the consequences.

In public competitions and in contracts with the administration, these clauses are usually super regulated. Example: The Public Sector Contract Law in Spain, or the Federal Acquisition Regulation in the United States. Moral: If you are going to play in this field, better inform yourself of the rules of the game and, if you can, ask a lawyer to help not to put the leg to the bottom.

Eye, that the NDA is not a magical shield. Companies also have to put on their part. As? Label well what is confidential, do not release more information from the strictly necessary and keep the account of who knows what. Do not blind yourself from the signed paper.

In short, the confidentiality clause is like the basic lock to protect delicate information in public tenders and contracts with the administration. If you are going to participate in this, you better be clear about what you sign and take care of your info as if it were gold. Because, honestly, no one is going to protect your secrets better than yourself.