Disclosure of confidential information

In Mexico, the parties may expressly express their will to enter into a contract, i.e., verbally, in writing, by electronic or optical means or by any technology or by unequivocal signs, and in certain cases, they may also do so tacitly, by means of facts or acts that allow the assumption of such will.

Civil contracts have essential elements, which are the consent and the object. If either or both of these elements are missing, the contract is non-existent, i.e., it does not come into existence and therefore does not produce legal effects.

People who enter into or wish to enter into contracts or who are faced with situations of breach of contract often have doubts and questions on these issues. In this section we refer to questions and answers on civil contracts.

Agreement in a general sense is the agreement of two or more persons to create, transfer, modify or extinguish obligations. The contract is the agreement of two or more persons as in the agreement, but in this case that agreement of wills is given to produce or transfer obligations and rights.

Example of a confidentiality clause

In order to maximize the benefits of ADR proceedings, the parties can combine the different methods. This can be done, for example, by initiating a mediation stage followed, in the absence of a settlement, by arbitration. About 30% of the mediation, arbitration and expedited arbitration cases administered by the WIPO Center include this type of tiered clause, which provides for WIPO Mediation followed by WIPO Arbitration or WIPO Expedited Arbitration, should the parties fail to reach a settlement at the first stage.

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“Any dispute, controversy, difference or claim arising out of or relating to this contract and any amendment to this contract, including, in particular, its formation, validity, enforceability, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules. The mediation shall take place at [specify location].1 The language to be used in the mediation shall be [specify language].2

Example clauses

When drafting and signing a service level agreement it is important to include the performance characteristics of the service, identify the circumstances in which you are not responsible for interruptions (exceptions) and define the means by which service problems will be managed.

A service level agreement (SLA) or service level agreement (SLA) is a contract that sets out the various products or services offered by a supplier to a customer (internal or external) and sets out the requirements that the supplier must meet. In the ICT sector, SLAs are the agreement on service standards between the service provider (Cloud provider, SaaS, IaaS, etc.) and the company, professional or individual who purchases the service (software or cloud storage, for example).

With the SLA, the service provider commits to meet a series of requirements when providing the service. These requirements are quantified within the service level agreement itself, usually through metrics that indicate a range in which the service must be established, a maximum that cannot be exceeded, or a minimum that cannot be lowered.

Confidentiality and Non-Disclosure Agreement

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