An Affidavit of Non-Disclosure is commonly used in England and Wales when formal proof of confidentiality commitment is required, particularly in sensitive business transactions, legal proceedings, or high-stakes commercial situations. The document typically includes detailed descriptions of the confidential information, specific obligations of the deponent, and the consequences of breach. Unlike standard NDAs, this sworn statement carries additional legal weight and potential consequences for perjury. It's particularly valuable when the confidential information is highly sensitive or when there's a need for stronger enforceability than a standard contract provides.
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1. Opening Statement: Formal declaration identifying the deponent and stating that the affidavit is sworn under oath
2. Deponent Details: Full legal name, address, and occupation of the person making the affidavit
3. Subject Matter: Clear identification of the confidential information or matters covered
4. Obligations: Specific commitments regarding non-disclosure and confidentiality
5. Declaration: Formal statement confirming the truth of the contents
6. Execution: Signature block, notarization details, and witness information
1. Duration: Specific time period for confidentiality obligations when the obligation is not perpetual
2. Permitted Disclosures: Exceptions to confidentiality obligations and circumstances when certain disclosures are explicitly allowed
3. Return of Information: Provisions for returning confidential materials when physical or digital materials are involved
4. Remedies: Specific consequences of breach and available legal remedies
1. Schedule of Confidential Information: Detailed list of specific confidential information covered by the affidavit
2. Schedule of Permitted Recipients: List of individuals or entities authorized to receive the confidential information
3. Form of Acknowledgment: Template for additional parties to acknowledge the confidentiality obligations
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