Who is a Del Taco Developer allowed to disclose confidential information to?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
t to an agreement with Del Taco.
- (b) The Developer and its Affiliates shall hold the Del Taco System and all parts of the Del Taco System in confidence. The Developer acknowledges that Del Taco has developed the Del Taco System over an extended period of time and at a substantial cost to Del Taco and, if used by other persons, firms or entities, would give those other persons, firms or entities an unfair competitive advantage. The Developer shall not disclose (except to employees or agents that need access to the information in order to construct or operate the Restaurant) or use or permit the use of the Del Taco System, or any part of the Del Taco System, except as authorized by this Agreement.
- (c) The Developer and its Affiliates shall treat as and keep confidential the Standard Operating Procedures Manual, any other manuals or materials designated for use with the Del Taco System, and any other information Del Taco may designate from time to time for confidential use with the Del Taco System, as well as all other trade secrets, confidential information, knowledge and know-how concerning the construction or operation of the Restaurant imparted to, or acquired by, the Developer from time to time in connection with this Agreement. The Developer acknowledges the unauthorized use or disclosure of that confidential information and trade secrets will cause incalculable and irreparable injury to Del Taco. The Developer accordingly agrees that it shall not disclose (except to employees or agents that need access to the information in order to construct or operate the Restaurant) or use or permit the use of that information, in whole or in part, or otherwise make the same available to any unauthorized person or source.
Source: Item 23 — RECEIPTS (FDD pages 59–325)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, a Developer is permitted to disclose confidential information to specific individuals under certain circumstances. The Developer can share confidential information with employees or agents who require access to the information in order to construct or operate the Del Taco Restaurant.
However, this disclosure is conditional. The employees or agents must need the information to perform their duties related to the restaurant's construction or operation. The Developer must also ensure these individuals understand the confidential nature of the information and are obligated to maintain its confidentiality.
Furthermore, Del Taco's FDD states that Developers and their Affiliates may disclose Confidential Information, including Del Taco's trade secrets, in confidence, to federal, state, or local government officials, or to an attorney of Developer, for the sole purpose of reporting or investigating a suspected violation of law; or in a document filed in a lawsuit or other legal proceeding, but only if the filing is made under seal and protected from public disclosure. This allowance is made in accordance with any applicable law including the federal Defend Trade Secrets Act.