Is Your Information Really Kept Confidential?

Confidentiality agreements, sometimes called secrecy or non-disclosure agreements, are contracts entered into by two or more parties in which some or all of the parties agree that certain types of information that pass from one party to the other or that are created by one of the parties, or in some cases by all of the parties, will remain confidential. Confidentiality agreements perform several functions. First and foremost, they protect sensitive technical or commercial information from disclosure to others. One or more participants in the agreement may promise to not disclose technical or commercial information received from the other party.

Turkish law does not explicitly regulate or address confidentiality agreements and there is no established precedent of the Court of Appeals on this matter. Article 19 of the Turkish Code of Obligations (“TCO”) sets forth the “freedom of contract” principle. Accordingly, the subject of an agreement may be freely determined within the