Define: Non-Confidential Information

The meaning of “Non-Confidential Information” differs based on where it is used. We list many below, then combine them into one or more market-standard definitions.

How is Non-Confidential Information defined in a legal contract?

  • Non-Confidential Information means information that falls under any of these categories: it becomes part of the public domain through no fault of the party receiving the information; it was rightly known to the receiving party before its disclosure; it was independently developed by the receiving party; it is learned from a third party not subject to confidentiality obligations to the disclosing party; or it is required to be disclosed under a suitable [number] or court order, provided that the receiving party gives prompt written notice and assistance to the disclosing party before such disclosure. Seen in 11 SEC filings
  • Non-Confidential Information means all information which has entered the public domain, except otherwise specified information. Seen in 3 SEC filings
  • Non-Confidential Information means any information that is public knowledge, freely known by the receiving party, developed independently by the receiving party, acquired from a third party not bound by non-disclosure, or the development, creation, or discovery of any [property] by the receiving party independently without referencing to other confidential information or technology from the disclosing party. Information that the receiving party acquires from a third party besides under a confidentiality agreement is also considered non-confidential. Seen in 3 SEC filings
  • Non-Confidential Information means Information that is in possession of either party and is not considered confidential or has ceased to be confidential. Seen in 2 SEC filings
  • Non-Confidential Information means any information which becomes widely available to the public other than as a result of disclosure by the lender or its representatives; or becomes available on a non-confidential basis from a source other than the company or one of its agents, or was known to the lender without confidentiality prior to its disclosure by the company or its agents. Seen in 2 SEC filings

Which definition should you use?

🤔 Our AI Legal Assistant has combined and improved the above descriptions to create market-standard 'Genie definitions' below, with guidance on which documents and which industry to use for each.

Genie Definition 1

  • Non-Confidential Information means information known to the public or disclosed under [governing law] without breaching any confidentiality obligations.

Relevant Contract Types

Relevant Circumstances

  • Business mergers or acquisitions
  • Formation of partnerships
  • Hiring of new employees
  • Licensing of software or other intellectual property

Relevant Sectors

Genie Definition 2

  • Non-Confidential Information means information rightly known to or independently developed by [organization] prior to its disclosure.

Relevant Contract Type

Relevant Circumstances

  • Transfer of intellectual property rights
  • Establishment of franchises
  • Initiation of partnerships

Relevant Sectors

Genie Definition 3

  • Non-Confidential Information means information acquired from a third party not bound by non-disclosure.

Relevant Contract Type

Relevant Circumstances

  • Engagement of suppliers or vendors
  • Engaging with third-party service providers

Relevant Sectors

Are you creating, reviewing or negotiating a document?

Looking for further advice on how to define “Non-Confidential Information" in your document? 

🚀 Try our AI Legal Assistant! It can suggest a definition just for your specific needs (Simply import your contract, then ask it to draft a definition suitable for your document, that's it!)

What is the most popular definition of 'Non-Confidential Information'?

Non-Confidential Information means information known to the public or disclosed under [governing law] without breaching any confidentiality obligations

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