Under what circumstances is a Dq Treat licensee permitted to disclose confidential information in judicial or administrative proceedings?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- (B) Compelled Disclosure. The restrictions on Licensee's disclosure and use of the Confidential Information will not apply to disclosure of Confidential Information in judicial or administrative proceedings to the extent Licensee is legally compelled to disclose this information, if Licensee uses its best efforts to maintain the confidential treatment of the Confidential Information, and provides Company the opportunity to obtain an appropriate protective order or other assurance satisfactory to Company of confidential treatment for the information required to be disclosed.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to Dq Treat's 2025 Franchise Disclosure Document, a licensee is permitted to disclose confidential information in judicial or administrative proceedings under specific conditions. The restrictions on a licensee's use of confidential information do not apply if the licensee is legally compelled to disclose the information in a judicial or administrative proceeding.
However, this permission is contingent upon the licensee using their best efforts to maintain the confidential treatment of the information. This means the licensee must actively try to keep the information private, even while disclosing it.
Furthermore, the licensee must provide Dq Treat with the opportunity to obtain a protective order or another form of assurance that Dq Treat finds satisfactory. This allows Dq Treat to take legal steps to protect the confidentiality of the information that is required to be disclosed. This process ensures that Dq Treat has a chance to minimize any potential damage from the disclosure of confidential information.