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Government Confidentiality Agreement for the United States

Government Confidentiality Agreement Template for United States

A Government Confidentiality Agreement is a legally binding document used in the United States to protect sensitive government information when shared with contractors, consultants, or other third parties. It outlines the obligations for handling confidential information, security requirements, and penalties for unauthorized disclosure. The agreement is governed by federal laws including the Freedom of Information Act, Privacy Act, and various agency-specific regulations.

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What is a Government Confidentiality Agreement?

Government Confidentiality Agreements are essential instruments used when federal or state agencies need to share sensitive information with external parties. These agreements are particularly crucial in situations involving classified information, trade secrets, or sensitive government data. The document type is specifically designed to comply with U.S. federal and state regulations, including FOIA and the Privacy Act. It establishes clear guidelines for information handling, security protocols, and consequences of breaches, while ensuring compliance with relevant government procurement and security regulations.

What sections should be included in a Government Confidentiality Agreement?

1. Parties: Identifies the government agency and the individual/entity bound by the agreement

2. Background: Context of the agreement and reason for confidentiality requirements

3. Definitions: Defines key terms including 'Confidential Information', 'Classified Information', and 'Controlled Unclassified Information'

4. Scope of Confidential Information: Specifies what information is covered by the agreement

5. Obligations: Details the recipient's duties regarding confidential information

6. Term and Termination: Duration of confidentiality obligations and termination conditions

7. Return of Materials: Requirements for returning or destroying confidential information

What sections are optional to include in a Government Confidentiality Agreement?

1. Security Clearance Requirements: Additional provisions required when dealing with classified information requiring specific security clearance levels

2. International Transfer Restrictions: Additional provisions governing international sharing of information and cross-border data transfer requirements

3. Subcontractor Requirements: Specific provisions governing the sharing of confidential information with subcontractors and their obligations

What schedules should be included in a Government Confidentiality Agreement?

1. Schedule A - Description of Confidential Information: Detailed list of specific confidential information covered by the agreement

2. Schedule B - Authorized Personnel: List of individuals authorized to access the confidential information

3. Schedule C - Security Protocols: Specific security measures and protocols required for handling the confidential information

4. Schedule D - Incident Response Procedures: Detailed procedures to be followed in case of unauthorized disclosure or security breach

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
Clauses




















Industries

Freedom of Information Act (FOIA): Federal law that provides public access to government records while establishing exemptions for protecting sensitive government information

Privacy Act of 1974: Regulates the collection, maintenance, use, and dissemination of personal information maintained by federal agencies

Trade Secrets Act: Federal criminal law (18 U.S.C. ยง 1905) prohibiting federal employees from disclosing confidential information and trade secrets

National Defense Authorization Act: Annual legislation containing specific provisions regarding handling of classified and sensitive information in defense contexts

Federal Information Security Management Act (FISMA): Provides framework for protecting government information, operations and assets against threats

Executive Order 13526: Prescribes a uniform system for classifying, safeguarding, and declassifying national security information

Classified Information Procedures Act (CIPA): Establishes procedures for handling classified information in criminal cases

Federal Acquisition Regulation (FAR): Primary regulation for federal procurement procedures, including confidentiality requirements in government contracts

Defense Federal Acquisition Regulation Supplement (DFARS): DoD-specific procurement regulations supplementing FAR, including additional security requirements

Controlled Unclassified Information (CUI) Regulations: Standardizes handling of sensitive but unclassified information across federal agencies

Whistleblower Protection Act: Protects federal employees who disclose government wrongdoing while maintaining confidentiality obligations

Intelligence Identities Protection Act: Criminalizes the intentional disclosure of information identifying covert intelligence agents

18 U.S.C. ยง 793: Criminal statute regarding gathering, transmitting or losing defense information

18 U.S.C. ยง 798: Criminal statute specifically addressing disclosure of classified information

State Public Records Acts: State-level laws governing public access to government records and confidentiality requirements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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