Master Alliance Provisions Guide (MAPGuide)

Gates Foundation Data & Materials Sharing Agreement

  • Information sharing & data safety | Confidentiality
  • Information sharing & data safety | Exceptions and limitations to the confidentiality obligations

Gates Foundation Data & Materials Sharing Agreement:

Annex D§5: Exceptions

Notwithstanding anything to the contrary in this Master CDA, the Receiving Party shall have no obligation with respect to the Confidential Information received from a Disclosing Party to the extent such information is:

(a) Already known by the Receiving Party at the time of disclosure as can be demonstrated by competent proof;

(b) Publicly known, or subsequently becomes publicly known, without the wrongful act or breach of this Master CDA by the Receiving Party;

(c) Rightfully received by the Receiving Party from a third party having the lawful right to make such a disclosure, where said disclosure is rightfully made without an express obligation of confidence;

(d) Approved for release or disclosure by written authorization of the Disclosing Party;

(e) Independently developed by the employees or agents of the Receiving Party without the use or knowledge of the Confidential Information provided by the Disclosing Party as can be demonstrated by competent proof; or

(f) Required to be disclosed pursuant to any competent judicial or government request, requirement or order, provided that the Receiving Party so disclosing takes reasonable steps to provide the Disclosing Party with sufficient prior notice in order to allow the Disclosing Party to contest such request, requirement or order and provided that such Confidential Information is disclosed only subject to reasonably available restrictions on further disclosure and use, and otherwise remains subject to the obligations of confidentiality and restricted use set forth in this Master CDA.