The confidentiality rules contained in the contracts should cover only matters that are truly confidential, such as a trade secret.B. As a general rule, the terms of an agreement between a commercial entity and the government are not entirely confidential and the terms and appropriateness of such contracts should often be subject to public scrutiny. This applies in particular to contracts for the sale or supply of equipment, infrastructure or public services. 13.80 The Department of Finance and Administration (now the Department of Finance and Deregulation) has issued guidelines for financial management No. 3 – Public Procurement Confidentiality Guidelines (FMG 3). Die FMG 3 bietet allgemeine Beratung bei der Verwaltung vertraulicher Informationen in Vertragsgebundenen Beziehungen sowie Modellvertraulichkeitsklauselen fàr Agenturvertr-ge der aus australiann Regierung. [105] Other situations are, z.B. where the Australian government has intellectual property rights over information; or the mandated service provider shows that the commercial sensitivity of the information justifies confidentiality: Australian Government Department of Finance and Administration, Financial Management Guidance No. 3: Guidance on Confidentiality in Procurement, July 1, 2007, [3.9]-[3.14]. 13.86 The standard confidentiality clause in FMG 3 contains exceptions to the duty of confidentiality when the information is contained: 13.94 In DP 74, ALRC recognizes the importance of protecting Commonwealth information, which is transmitted or generated by clearly worded confidentiality clauses to private providers and subcontractors. However, ALRC also indicated that the contractual obligations applied only to the organization of the contract itself, not to staff members related to that information. In order to ensure strong protection of Commonwealth information in the hands of contract service providers, ALRC proposed that Commonwealth contracts contain confidentiality clauses which: the purpose of the agreement with designated staff is not primarily to enable the Agency to take direct action against individuals or to take action against individuals (as this is highly unlikely in practice) , but more as a clear reminder to these people. protect the confidentiality of the Agency`s intellectual property.

Let them see.

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