Certificate of Destruction of Confidential Information

Summary

This certificate of destruction is for use by a recipient of confidential information to certify that it has destroyed all confidential materials received from the disclosing party. The template includes practical guidance, drafting notes, and alternate and optional clauses. When proprietary information is furnished pursuant to a commercial agreement or a confidentiality or non-disclosure agreement, it is common to require or permit the receiving party to destroy all protected information in its possession or control, in lieu of returning the confidential materials to the disclosing party. In such transactions, the parties' agreement will usually obligate the receiving party to have one of its officers or authorized representatives certify that, in fact, all confidential materials of the disclosing party were destroyed in accordance with the terms of the parties' agreement. For additional guidance and resources pertaining to confidentiality, see Confidential Information Protections, Confidentiality Agreements, and Confidentiality and Non-disclosure Agreements Resource Kit.