Swango1980
Well-known member
Still doesn't explain how it practically can work.Light reading, for anyone interested. Copied and pasted, not my interpretation...
A non-disclosure clause, or confidentiality clause, in a footballer's contract is a standard legal provision designed to keep certain information private. This information can include the player's salary, performance bonuses, and other specific terms of the contract. The clause obligates the player (and sometimes the club) not to disclose this sensitive information to unauthorized third parties.
When it comes to a release clause, the non-disclosure clause can create a unique dynamic. A release clause is a pre-agreed amount of money that, if paid by another club, automatically obligates the player's current club to accept an offer and allow the player to enter into negotiations with the new club.
Here's how a non-disclosure clause can work in relation to a release clause:
* Confidentiality of the Release Clause Amount: A non-disclosure clause can make the specific amount of a release clause confidential. This means that neither the player, their agent, nor the club can publicly reveal the fee. This can be a strategic move by the club to prevent other teams from knowing exactly how much they need to bid to secure the player. If the fee is public knowledge, it essentially acts as a price tag, making it easier for rivals to plan a transfer.
* "Tapping-Up" and Unauthorized Contact: A non-disclosure clause can be linked to rules against "tapping-up," which is the illegal act of an interested club making contact with a player without the permission of their current club. If a club knows the release clause amount through a leak or unauthorized source, it could be a sign that they have breached these rules.
* Player and Agent Obligations: The non-disclosure clause places a legal obligation on the player and their agent not to leak the details of the release clause. A breach of this clause could lead to disciplinary action or financial penalties, as it would be considered a breach of the contract.
* Strategic Use: From the club's perspective, a non-disclosure clause can be a way to maintain control over a player's future. By keeping the release clause confidential, they can avoid constant speculation and unwanted bids. For the player, a release clause is a way to have a "get out of jail free" card, but it's often a point of negotiation, with the player pushing for a lower, more attainable figure and the club pushing for a higher, more prohibitive one.
In summary, a non-disclosure clause and a release clause, while separate contractual elements, are often intertwined. The non-disclosure clause serves to protect the confidentiality of the release clause, which can be a key strategic tool for clubs and players during transfer windows.
Seems to me Spurs were stupid. Offering the exact amount, raising suspicions they had communicated with player/agent.
Another club could simply bid lower. Then raise 2nd, 3rd bid and then, ooooo, they've just stumbled on a release clause that they knew, but no evidence they knew.
Or if a club was unwilling to talk to a buying club ever, and there was a practical way to shut players up, just stick dozens of bids in, raising in £1million increments, in case you trigger an unknown release clause at some point