Confidentiality clause
A confidentiality clause is a provision within a contract that obligates the parties involved to keep certain information confidential. This is designed to protect sensitive information, trade secrets, and proprietary data from being disclosed to unauthorised parties.
The clause defines what constitutes confidential information, which may include project plans, financial details, technical specifications, client lists, and so on. Parties are required to use the confidential information only for the purposes specified in the contract and must take reasonable steps to protect the information from unauthorised access or disclosure.
Examples might include:
- Protecting designs, engineering methods, or construction techniques.
- Safeguarding financial arrangements, such as project budgets and cost estimates.
- Ensuring that client information, such as project requirements and specifications, remains confidential.
The clause typically outlines the circumstances under which confidential information may be disclosed, such as to employees, subcontractors, or agents who need to know the information to perform their duties. It may also specify disclosures required by law or regulation. Certain information may be excluded from the confidentiality obligation, such as information that is already public knowledge, independently developed by the receiving party, or lawfully obtained from a third party without a confidentiality obligation.
The clause details the consequences of breaching the confidentiality obligation, which may include damages, termination of the contract, or other legal remedies.
The confidentiality obligation usually extends beyond the term of the contract, continuing for a specified period after the project’s completion or indefinitely, depending on the nature of the information.
See also: Non-disclosure agreement.
[edit] Related articles on Designing Buildings
Featured articles and news
The Home Energy Model and its wrappers
From SAP to HEM, EPC for MEES and FHS assessment wrappers.
Future Homes Standard Essentials launched
Future Homes Hub launches new campaign to help the homebuilding sector prepare for the implementation of new building standards.
Building Safety recap February, 2026
Our regular run-down of key building safety related events of the month.
Planning reform: draft NPPF and industry responses.
Last chance to comment on proposed changes to the NPPF.
A Regency palace of colour and sensation. Book review.
Delayed, derailed and devalued
How the UK’s planning crisis is undermining British manufacturing.
How much does it cost to build a house?
A brief run down of key considerations from a London based practice.
The need for a National construction careers campaign
Highlighted by CIOB to cut unemployment, reduce skills gap and deliver on housing and infrastructure ambitions.
AI-Driven automation; reducing time, enhancing compliance
Sustainability; not just compliance but rethinking design, material selection, and the supply chains to support them.
Climate Resilience and Adaptation In the Built Environment
New CIOB Technical Information Sheet by Colin Booth, Professor of Smart and Sustainable Infrastructure.
Turning Enquiries into Profitable Construction Projects
Founder of Develop Coaching and author of Building Your Future; Greg Wilkes shares his insights.
IHBC Signpost: Poetry from concrete
Scotland’s fascinating historic concrete and brutalist architecture with the Engine Shed.
Demonstrating that apprenticeships work for business, people and Scotland’s economy.
Scottish parents prioritise construction and apprenticeships
CIOB data released for Scottish Apprenticeship Week shows construction as top potential career path.
From a Green to a White Paper and the proposal of a General Safety Requirement for construction products.
Creativity, conservation and craft at Barley Studio. Book review.
The challenge as PFI agreements come to an end
How construction deals with inherited assets built under long-term contracts.
Skills plan for engineering and building services
Comprehensive industry report highlights persistent skills challenges across the sector.
Choosing the right design team for a D&B Contract
An architect explains the nature and needs of working within this common procurement route.
Statement from the Interim Chief Construction Advisor
Thouria Istephan; Architect and inquiry panel member outlines ongoing work, priorities and next steps.