Proprietary information, disclosure

In addition, the requirements and policies concerning the handling and treatment of confidential business information (CBI) are and will continue to be an important topic of "harmonization" discussions. In a number of ways, different approaches to CBI (between the EEC and the U.S.) will directly affect the CBI protections available within each country(ies). This is particularly true concerning the effects that the disclosure of proprietary information in one country will have upon industry s ability to protect CBI from disclosure in other nations. 

Proprietary information is often transferred between companies after both sign a secrecy or confidentiality agreement. Generally, the agreement defines what information is to be exchanged, limits how long it is to be held confidential (2-10 years is common), prohibits third-party disclosures, and provides exceptions. Common exceptions are if the information transferred is already known or if the information becomes public at a later time. 

Being developed at a university, no proprietary information is involved, and hence a detailed disclosure of results is possible. 

A toller may need to use resources outside their company to measure physical properties, conduct safety or other testing, engineer changes to piping or other facilities and equipment. This need frequently occurs for products in the initial development or commercialization stage. The toller should maintain confidentiality agreements with their suppliers and subcontractors commensurate with the proprietary nature of their client companies processes. Provision to allow disclosure of information to third parties should be addressed in the contract between the toller and the client. It may be structured so that the client must approve the toller s release of information to third parties. 

Confidentiality disclosure agreement An agreement that allows a toller to release information to a third party that would ordinarily be considered proprietary. 

When reporting involves an outside regulatory agency or industry group, protection of safety information and proprietary data from disclosure and use for purposes other than improving safety must be provided. 

When safety information is being shared among companies or with regulatory agencies, there needs to be protection from disclosure and use of proprietary data for purposes other than safety improvement. 

Any risk or impact to the environment and human health posed by fracking fluids depends in large part on their contents. Federal law, however, contains no public disclosure requirements for oil and gas produces or service companies involved in hydraulic fracturing, and state disclosure requirements vary greatly. Although the industry has recently announced that it will soon create a public database of fluid components, reporting to this database is strictly voluntary, disclosure will not include the chemical identity of products labels as proprietary, and there is no way to determine if companies are accurately reporting information for all wells. 

Consequently, in defining States Parties rights and obligations, the Convention embodies a balance between that disclosure necessary to enhance confidence in compliance with the Convention, and the prevention of disclosure of information not relevant to the Convention, in order to protect national security and proprietary rights, taking into account constitutional obligations. These two objectives are not necessarily in conflict on the contrary, a credible and effective process of verification can be achieved which actively and integrally protects confidentiality. The Convention text provides practical assurances that all confidential information will be appropriately protected and that verification procedures will seek to prevent the disclosure of information not related to verification of compliance with the Convention. 

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