GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
---|---|---|---|---|---|---|
|
11:05 Feb 5, 2017 |
English language (monolingual) [PRO] Law/Patents - Law: Contract(s) | |||||||
---|---|---|---|---|---|---|---|
|
| ||||||
| Selected response from: Charles Davis Spain Local time: 12:36 | ||||||
Grading comment
|
SUMMARY OF ALL EXPLANATIONS PROVIDED | ||||
---|---|---|---|---|
4 +6 | shall not constitute a waiver of |
| ||
5 +2 | does not result in a change |
| ||
4 +2 | shall not mean/imply/have as consequence that such data is no longer confidential |
|
Discussion entries: 5 | |
---|---|
shall not constitute a waiver of Explanation: Actually "waive", by its dictionary definitions, does not have to have a personal subject: "Legal Definition of waive 1 : to relinquish (as a right or privilege) voluntarily and intentionally <the defendant waived a felony hearing on the charge — National Law Journal> — compare forfeit, reserve 2 : to refrain from enforcing or requiring <some statutes waive the age requirement — W. M. McGovern, Jr. et al.>" https://www.merriam-webster.com/dictionary/waive Here, in my opinion, "waive" means "constitute a waiver"; that is, if the data are disclosed inadvertently or without authorization, it shall not be considered that the confidentiality of the data has been waived by reason of such disclosure. It's the meaning expressed by standard "no waiver" clauses: "No Waiver. Neither a failure nor a delay on the part of either the Trustee or the Holders of Notes in exercising any right, power or privilege under this Article X shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege" https://www.lawinsider.com/clause/no-waiver |
| |
Grading comment
| ||