XYZ Company is one of the proposed third-party beneficiaries of this agreement. If the Contracting Parties take up this clause, they intend to benefit from it in one way or another. Apart from a few notable cases, the EC is almost totally ignored in the NDA – the recitals totally ignore ec, and most of the NDA reads as if it were an agreement between two people. [3] In this case, it is not surprising that the NDA contains an arbitration clause stating that all disputes relating to the NDA should be resolved through a binding and confidential arbitration procedure. Since Ms Daniels considers that the NDA is invalid (since DD has not signed it or because of her capacity for scruples), she also takes the position that there is no conciliation agreement and has therefore been brought to justice. Interestingly, the NDA`s provision for arbitration proceedings does not refer to EC: EC does not have the explicit right to rely on arbitration proceedings. (ii) in connection with audits, audits, investigations or disputes under the outsourcing contract; In my previous intervention, three issues relating to confidentiality obligations were addressed in an outsourcing contract, for which it may be necessary to exercise due diligence and attention in order for the parties to achieve the results they envisage. In today`s speech, I would like to continue along the same path and look at four other issues relating to confidentiality obligations in outsourcing contracts that the client or service provider does not always do correctly. However, this does not mean that any use or disclosure of confidential information can be justified by the fact that it is necessary for the fulfilment of a party`s rights or obligations. In order to avoid having to obtain consent in the future, each customer and service provider must indicate, before signing the outsourcing contract, the different circumstances in which it wishes to use or disclose the confidential information of the other party. It should then review the subcontracting agreement to ensure that the use and disclosure of the other`s confidential information is permitted.

Greater clarity (and fewer internal inconsistencies) might have been achieved if the agreement had been structured in such a way that DD was not at all a party. . . .