Absolutely, every member of your Board of Directors should execute a Confidentiality/Privacy Agreement. Above all, the Directors have a fiduciary responsibility to the shareholders/owners of the bank that requires them to have the highest levels of access to the strategic and confidential information assets of the bank, among other things. Formally securing their confidentiality through a signed legal document may provide the necessary impetus to keep a Director from discussing Bank strategy or specific non-performing assets at their next cocktail party or Rotary meeting.
We normally advise our bank clients to use the general Confidentiality/Privacy Agreement that is signed by employees / management (depending on content). In any case your legal counsel should review this prior to introducing it to your Board.
If you have any questions, please contact me at
gpawlak@e-tronics.com