“assessment material”: all information, data, documents, agreements, files and other documents, whether disclosed or disclosed or or in writing; are stored, electronically or otherwise, or in other media, received or disclosed by the public party or its representatives before or after the company`s date, including, without restriction, any analysis, compilations, reports, forecasts, studies, models and other documents established or disclosed by or to the recipient, otherwise containing or reflecting this information or otherwise reflecting this information, which contains or otherwise reflects this information or otherwise derived from it. Data, documents, agreements, files or other materials. The term “assessment material” used here does not contain information that, at the time of publication or thereafter, is widely available and known to the public (except because of their direct or indirect disclosure by the recipient or its representatives in violation of this agreement); (ii) was available to the recipient from a source other than the party or its representatives, provided that the source was not bound by a confidentiality agreement concerning the company and was not linked as a result of an appropriate request; or (iii) was acquired or developed independently by the recipient, without violating its obligations under this agreement. Confidential information should normally be returned or destroyed within a time frame determined by the NDA. Recipients should remember that the custodian is generally not required to remind the recipient and could be injured if he does not return the information or destroys it. We propose that the choice between the return or destruction of confidential information be left to the discretion of the recipient, subject to the right to keep a copy for corporate and audit purposes, and a withdrawal for confidential information stored on computer backup servers. However, a recent decision of the Court of Appeal (Dorchester/BNP Paribas 7 March 2013) reminds us that these contracts are contracts that must be applied like the others. They can have draconian effects, especially when a party agrees (as has been generally agreed) to obtain the confidentiality of third parties to whom they transmit confidential information.