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Affiliate confidential information – protected by the NDA, or not?

(See also the sample clauses.)

When negotiating a nondisclosure agreement (NDA), a disclosing party might plan on disclosing not only its own confidential information, but also that of its subsidiaries and other corporate affiliates as well.

On the other hand, a receiving party will naturally want to know in advance the specific companies to which it owes confidentiality obligations.

Heads-up: It could be dangerous to make a blanket statement that confidential information of the disclosing party’s affiliates will be deemed confidential. Here’s a hypothetical scenario:
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