11:45 Nda (nondisclosure agreement nondisclosure agreement) | |
Also known as a confidentiality agreement is a legal contract, at least between the two parties, which outlines confidential material, knowledge or information which the parties wish to share with one another for certain purposes, but wish to restrict access to third parties. This - a contract through which the parties agree not to disclose the information enclosed agreement. NDA creates a confidential relationship between the parties to protect any type of confidential information. There are two types of NDA:The first type of NDA-sided agreement. When there is a party that transmits information (eg company) and the party which receives the information (eg employee). Another type of NDA - a mutual agreement. Mutual agreement is like a one-sided agreement, but both sides will provide confidential information. This type of agreement is common when companies are considering a joint venture or merger. Example: The parties are preparing for talks aimed at concluding a long-term contract. The talks involve the exchange of information, which is a commercial secret. To ensure the confidentiality of the parties to the first sign an agreement not to disclose confidential information. In principle, the negotiations may end in a fiasco, and the main contract is not concluded. Or the parties to agree and sign the main contract. In both cases, confidential information the parties will become a certain number of staff involved in the negotiations. Non-disclosure agreement will perform in the role of the legal mechanism to protect trade secrets. The main purpose of NDA - to put the guilty party in the disclosure of confidential obligation to compensate the losses of innocent parties. In the case of publicity contract is the legal basis for a claim for damages. Another important feature is that, in accordance with the agreement not to disclose the parties undertake not to disclose it was confidential information acquired in the context of business relationships. It is recognized that the obligation to disclose, there is really only in relation to confidential information. This does not affect the right of the parties to disclose information obtained from open public sources. Confidentiality agreement typically remains in force until the conclusion of the basic contract and is replaced by the corresponding clause in the new basic agreement. But in principle, it can act on all the time, cooperation between the parties. The consequences for non-NDA depends on the type of violation. Usually if you just forgot to delete a file, then there is no damage to the company. If you forgot to erase the file and it went to someone, the information came to light and have damages (ie, there is a breach of NDA) - the owner of the information may apply to the court (99.9% NDA contain the item) for compensation for damage caused by the publication of this information. This may be not only loss (direct or indirect), but also damage to the goodwill (ie, indirect damages). The severity determined by the court if you can not amicably agree with the owner of the information. The fact of non-point agreement "shall be punished" only a court decision, which you may be required to fulfill the obligation. NDA enforcement - it's almost an impossible task. Often be more expensive to find the source of the leak, as well as to sue, to wait for his decision, etc., than forget it and score. So in most cases the meaning of NDA is not that he had 100% protection from disclosure. And the fact that employees have signed NDA will think and realize that bear on conversations in the smoking room and what is not. Here attached the typical examples of NDA First example Second example third example Thank you for your attention!), Ready happy to clarify obscure points!) | |
|
| |
| Total comments: 0 | |