Are electronic signatures valid on this form?

Yes. Electronic signatures are valid under the ESIGN Act and state UETA laws when intent, consent, attribution, and record retention requirements are met; include consumer disclosure for covered consumer-facing records (15 U.S.C. ch. 96).

When is notarization or witness required?

Most confidentiality declarations do not require notarization or witnesses, but specific state or contract contexts may. For documents requiring notary acknowledgement, follow local notary rules or RON requirements.

How do I correct a signed declaration?

Prepare an amendment or replacement declaration and have all parties sign the updated document; retain both versions with clear version history to preserve auditability.

What if confidential health information is involved?

When PHI is shared, use a HIPAA-compliant workflow and a Business Associate Agreement if a vendor handles PHI; retain records per 45 CFR §164.530(j).

How can I prove who signed the form?

Maintain an audit trail showing email, IP, timestamps, authentication method, and any multi-factor verification to support attribution and intent.

How do I revoke or cancel a declaration?

Follow the revocation clause in the declaration. If none exists, provide written notice to other parties and execute a signed termination or replacement document to avoid ambiguity.

Electronic Signature
Templates
Legal
Legal Confidentiality Declaration Form

Legal Confidentiality Declaration Form

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

LEGAL CONFIDENTIALITY DECLARATION FORM

This Confidentiality Declaration (the "Declaration") is made as of by and between Declarant Name: (Declarant) and Recipient Name: (Recipient). Declarant and Recipient are individually a "Party" and collectively the "Parties."

Declarant Address: ; Recipient Address:

RECITALS

WHEREAS, Declarant possesses confidential, proprietary, and/or privileged information, whether oral, written or electronic, concerning business operations, financial data, technical processes, client lists, trade secrets, or other material designated or reasonably understood to be confidential (collectively, "Confidential Information"); and

WHEREAS, Recipient acknowledges that unauthorized disclosure or use of such Confidential Information would result in irreparable injury to Declarant and that Recipient is willing to assume obligations of confidentiality as set forth below; and

WHEREAS, the Parties desire to define the terms under which Confidential Information will be handled, used, and protected.

NOW, THEREFORE

In consideration of the mutual covenants and promises herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

1. DEFINITIONS

1.1 "Confidential Information" means any non-public information disclosed by Declarant to Recipient, whether disclosed orally, visually, in writing, or by inspection of tangible objects, that is designated as confidential or that by its nature ought reasonably to be considered confidential, including without limitation technical data, trade secrets, research, product plans, customers, suppliers, pricing, marketing, financial or personnel information. Confidential Information does not include information that: (a) is or becomes generally available to the public through no wrongful act of Recipient; (b) was known to Recipient prior to disclosure by Declarant without breach of any obligation; (c) is received from a third party free to disclose it without obligation; or (d) is independently developed by Recipient without use of or reference to Confidential Information.

2. DECLARATION OF CONFIDENTIALITY; OBLIGATIONS

2.1 Recipient hereby declares and affirms that Recipient will hold all Confidential Information in strict confidence and will not, without the prior written consent of Declarant, disclose, publish, reproduce, distribute, or otherwise make available any Confidential Information to any third party except as expressly permitted herein.

2.2 Recipient shall protect the Confidential Information with at least the same degree of care as it uses to protect its own confidential information of a similar nature, and in no event with less than a reasonable degree of care. Recipient shall limit access to Confidential Information to those of its employees, officers, directors, agents or professional advisers who have a strict need to know for the Purpose and who are bound by written confidentiality obligations no less protective than those set forth in this Declaration.

2.3 Recipient shall use Confidential Information solely for the following purpose:

3. TERM; SURVIVAL

3.1 The confidentiality obligations set forth herein shall commence on the Effective Date and shall continue for a period of years following disclosure, except that with respect to Confidential Information that constitutes a trade secret under applicable law, such obligations shall survive for so long as such information remains a trade secret.

3.2 All obligations of confidentiality and non-use shall survive termination of this Declaration and any relationship between the Parties for the periods specified in this Section.

4. PERMITTED DISCLOSURES

4.1 Recipient may disclose Confidential Information to the extent required by applicable law, regulation, or valid legal process, provided that Recipient gives Declarant prompt written notice of such requirement and cooperates, at Declarant's expense, in obtaining a protective order or other remedy to protect the Confidential Information. If a protective order is not obtained, Recipient shall furnish only that portion of Confidential Information that is legally required and shall use commercially reasonable efforts to obtain confidential treatment for such information.

4.2 Recipient may disclose Confidential Information to its professional advisors, auditors, or prospective financiers or acquirers provided that such persons are under a binding obligation of confidentiality at least as protective as this Declaration.

5. RETURN OR DESTRUCTION; CERTIFICATION

Upon Declarant's written request, Recipient shall promptly cease using and shall return to Declarant or, at Declarant's election, destroy all materials embodying Confidential Information and certify in writing under penalty of perjury that it has complied with this obligation, except to the extent retention is required by law or by Recipient's document retention policies, in which case Recipient shall continue to protect such retained copies as Confidential Information.

Method of Destruction / Retention Certification

6. REMEDIES

Recipient acknowledges that monetary damages may be inadequate to remedy a breach or threatened breach of this Declaration and that Declarant shall be entitled, in addition to any other remedy available at law or in equity, to seek injunctive or other equitable relief to prevent or restrain any such breach without posting bond.

7. NOTICES

All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and sent to the addresses set forth below by certified mail, overnight courier, or other nationally recognized delivery service and shall be deemed given when received.

Declarant Notice Address Recipient Notice Address

8. GOVERNING LAW; JURISDICTION

This Declaration shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. The Parties submit to the exclusive jurisdiction of the state and federal courts located in that State for resolution of disputes arising out of this Declaration.

9. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENT; WAIVER; COUNTERPARTS

9.1 Entire Agreement. This Declaration constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.

9.2 Severability. If any provision of this Declaration is held invalid or unenforceable, the remainder of this Declaration shall remain enforceable to the fullest extent permitted by law, and the Parties shall negotiate in good faith a substitute, valid and enforceable provision that most nearly reflects the Parties' original intent.

9.3 Amendment; Waiver. No amendment, modification, or waiver of any provision of this Declaration shall be effective unless in a writing signed by both Parties. No failure or delay by either Party in exercising any right shall operate as a waiver of that right.

9.4 Counterparts. This Declaration may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

ADDITIONAL REPRESENTATIONS

Each Party represents and warrants that it has the full right, power and authority to enter into this Declaration and to perform its obligations hereunder and that execution of this Declaration has been duly authorized by all necessary corporate or other action.

ACKNOWLEDGMENT

The undersigned hereby certify that they are authorized representatives of their respective Parties, have read and understand this Declaration, and agree to be bound by its terms.

Declarant Printed Name:

By:

Date:

Declarant Title / Capacity

Recipient Printed Name:

By:

Date:

Recipient Title / Capacity

What the Legal Confidentiality Declaration Form Is

A Legal Confidentiality Declaration Form is a written statement that identifies specific information designated as confidential, describes permitted uses and disclosures, and documents each party's obligations to protect that information. Commonly used alongside NDAs or contracts, the form creates a clear record of intent to keep certain data private and can be executed electronically under U.S. e-signature law (ESIGN and state UETA statutes). Properly completed, it supports enforcement by showing who agreed, what was protected, when protection began, and the chosen governing law.

Why a Confidentiality Declaration Matters

A clear declaration reduces ambiguity about what is confidential, establishes duties and permitted disclosures, and creates evidentiary support for injunctive relief or damages if breached. It also documents consent for electronic handling where required by ESIGN or state law.

Who Typically Prepares and Signs This Form

Common users span legal, business, and healthcare roles that must document confidentiality expectations before sharing sensitive information.

Attorneys and law firms preparing disclosures or privilege waivers for clients or outside parties.
Corporate contracting teams protecting trade secrets during negotiations or vendor onboarding.
Healthcare administrators and clinicians when sensitive patient information is shared for treatment or collaboration.

Each signer should have authority to bind their organization or be identified individually when personal liability is intended.

Core Elements to Include in a Professional Declaration

A complete Legal Confidentiality Declaration Form names the parties, defines confidential information, sets duration and exclusions, explains permitted disclosures, specifies remedies, and records signatures with dates and authentication.

Identifying Parties

Full legal names and contact details for each party to clarify who is bound and who may enforce the declaration.

Scope of Information

A precise description of covered materials, formats, and examples to avoid ambiguity and limit disputes over enforceability.

Exclusions

Explicit exclusions such as publicly available information, independently developed materials, or records received from a third party.

Duration

Start and end dates or a triggering event that defines how long confidentiality obligations survive termination.

Permitted Disclosures

Authorized recipients and situations (e.g., legal process, regulators) plus required notice or minimization steps.

Remedies and Remedies

Available remedies (injunction, damages, indemnification) and choice of law or venue for dispute resolution.

Required Information and Fields

Party Names: Full legal names

Contact Details: Street address and business email

Information Defined: Specific description

Effective Date: MM/DD/YYYY

Duration: Term or event

Signature Block: Signer name and date

Step-by-Step: Filling Out the Declaration

Follow these sequential steps to complete and validate the form before sharing confidential information.

01

Prepare Parties: Confirm full legal names and authority to sign.
02

Define Information: Describe categories and examples of protected data.
03

Set Terms: Enter effective date, duration, and exclusions.
04

Authenticate Signatures: Collect signatures and record authentication method.

Configuring an Online Signing Workflow

Set up fields, authentication, and routing to ensure signers complete the declaration in the correct order and evidence is captured.

Field	Configuration
Signature Field	Required \| signer must sign
Date Field	Auto-populate or manual MM/DD/YYYY
Authentication	Email + SMS code or stronger methods
Routing Order	Sequential or parallel as needed

Where to Send or File the Completed Form

After signatures, route the executed form to all parties and any custodians responsible for secure retention and compliance.

Internal Records: Save copy with contract management or legal team
External Parties: Provide signed copy to counterparty and counsel
Regulatory Filings: File with regulator if required in specific cases
Secure Archive: Store in encrypted records repository

Distribution and eSubmission Considerations

Choose delivery methods that preserve evidence of execution and meet industry compliance requirements.

Email Delivery: Simple, records audit trail
Secure Portal: Better for large files
API Integration: Automates routing and storage

Key Timing and Response Expectations

Track dates for the declaration's effectiveness, response periods for notices, and required retention windows to meet legal deadlines.

Effective Date Entry:

Enter MM/DD/YYYY when obligations start

Notice Response:

Specify days allowed for required notice responses

Disclosure Deadlines:

Timelines for permitted disclosures, if any

Record Retention:

Follow statutory retention rules

Amendment Window:

Period allowed to request changes

Typical Milestones: From Draft to Archive

A typical processing timeline covers drafting, signing, distribution, and secure archival; each stage should be tracked for compliance.

01

Drafting Complete

Form finalized and reviewed by counsel

02

Signatures Collected

All parties have signed and authenticated

03

Copies Distributed

Executed form provided to all recipients

04

Archived Securely

Stored in encrypted repository with audit trail

Common Mistakes to Avoid

Using vague wording such as 'all information' without categories that are specific and defensible in court.
Failing to verify the signer has authority to bind the organization, which can make enforcement difficult.
Neglecting to record the method of authentication and the audit trail when the form is executed electronically.
Not addressing permitted disclosures or mandatory reporting obligations, creating conflicts with legal duties.

Risks and Potential Consequences of Errors

Enforceability Risk: Court may decline enforcement

Civil Liability: Damages or indemnity claims

Regulatory Fines: HIPAA fines if PHI mishandled

Injunctions: Court orders to stop disclosures

Contractual Breach: Termination or penalties

Reputational Harm: Loss of trust and business harm

Comparing eSignature Vendor Pricing and Features

Basic pricing and feature differences affect cost and compliance choices; signNow is listed first for direct comparison across common criteria.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently Asked Questions and Troubleshooting

Answers to common legal, procedural, and technical questions about completing, signing, and storing a Legal Confidentiality Declaration Form.

Need help? Contact support

Are electronic signatures valid on this form?
Yes. Electronic signatures are valid under the ESIGN Act and state UETA laws when intent, consent, attribution, and record retention requirements are met; include consumer disclosure for covered consumer-facing records (15 U.S.C. ch. 96).
When is notarization or witness required?
Most confidentiality declarations do not require notarization or witnesses, but specific state or contract contexts may. For documents requiring notary acknowledgement, follow local notary rules or RON requirements.
How do I correct a signed declaration?
Prepare an amendment or replacement declaration and have all parties sign the updated document; retain both versions with clear version history to preserve auditability.
What if confidential health information is involved?
When PHI is shared, use a HIPAA-compliant workflow and a Business Associate Agreement if a vendor handles PHI; retain records per 45 CFR §164.530(j).
How can I prove who signed the form?
Maintain an audit trail showing email, IP, timestamps, authentication method, and any multi-factor verification to support attribution and intent.
How do I revoke or cancel a declaration?
Follow the revocation clause in the declaration. If none exists, provide written notice to other parties and execute a signed termination or replacement document to avoid ambiguity.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now