Neither Party shall make any public announcement or disclosure concerning this Agreement or the subject matter of this Agreement without the prior written consent of the other Party. This shall not apply to any announcement intended solely for internal distribution by either Party or any disclosure required by law or any regulatory or governmental body.
This clause restricts public announcements about the agreement or related confidential information:
- Neither party can make public statements about the agreement or its subject matter without the other's prior written approval.
- This does not apply to internal announcements within each party's organization.
- It also does not apply to legally required disclosures to regulators or government entities.
In plain terms, this prevents public disclosure about the deal or confidential data without mutual consent, unless required by law. Internal announcements or regulatory disclosures are permitted.
Historically, confidentiality agreements lacked controls around publicizing deals and information flows between parties.
This allowed unintended leaks, announcements, and publicity without mutual consent.
As confidential dealings grew more complex, parties desired more discretion over public knowledge regarding their collaborations and data sharing. Announcement clauses emerged restricting unilateral public statements about agreements or related subject matter.
This let parties maintain confidentiality and project mutually agreeable messages and timing around deal disclosure. It prevented unauthorized publicity that could compromise secret negotiations or data exchanged privately.
Over time, carve-outs arose for internal announcements to allow communication within each organization. Regulatory exceptions also developed enabling mandatory disclosures.
Ultimately, calibrated announcement clauses became vital for entities collaborating privately. They enabled mutually agreeable disclosure and prevented uncontrolled external leaks. Customizing permissions and exceptions gave parties flexibility balancing confidentiality, internal transparency, and regulatory duties.
In effect, announcement controls evolved as a key means for parties to collaborate confidentially, revealing information on their own terms.
Tailored announcement clauses empowered controlled public messaging protecting confidential dealings.