Confidentiality Clause Template
A confidentiality clause keeps the terms of a settlement or arrangement private — sometimes a deal-maker when a debtor doesn't want the situation known.
What's included
- Understand when confidentiality is worth including
- See sample wording with sensible carve-outs
- Recognise that confidentiality cuts both ways
- Know how it sits within a larger agreement
- Understand when to have it reviewed
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The clause
This is general sample wording for a confidentiality clause inside a settlement, arrangement or deed. Replace each [placeholder].
CONFIDENTIALITY
(a) Each party will keep the terms of this agreement confidential and
will not disclose them to any third party.
(b) Paragraph (a) does not apply to disclosure:
- to a party's professional advisers, on a confidential basis;
- required by law, a court, or a regulator;
- needed to enforce this agreement;
- of information already public other than by breach.
(c) This clause continues after this agreement ends.
(d) [Optional] If asked, the parties will say only that the matter
'has been resolved'.How to use it
Confidentiality is often the thing that gets a settlement over the line: a debtor may pay more to keep the matter quiet. Keep the carve-outs in — advisers, legal requirements, enforcement, and information already public — because an absolute promise of silence is neither realistic nor wise. Remember it binds you too, so do not agree to it lightly if you would want to refer to the matter later, for example in a credit reference. Drop the clause into the relevant settlement or arrangement; you can see how it fits within the settlement agreement template.
Not legal advice
This is a general template and general information only — not legal advice. The scope of a confidentiality obligation, and its carve-outs, should match your situation. Have the clause reviewed by a lawyer before you rely on it.
Tips
- Confidentiality can be the clause that closes a settlement.
- Keep sensible carve-outs rather than promising absolute silence.
- It binds you as well as the other party.
- Match the scope to your situation and have it reviewed.
FAQ
Can I still get a credit reference if I agree to confidentiality?
Possibly not, if the clause is broad. Consider a carve-out or limit before agreeing. This is general information, not legal advice.
What carve-outs are normal?
Disclosure to advisers, where required by law, to enforce the agreement, and of information that is already public.
Does confidentiality survive the agreement ending?
Usually yes — the clause is typically drafted to continue. Check the wording in your specific document.
Templates are a head start — not legal advice
Customise to your business and have important documents reviewed. Need to recover a debt? We can help.