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What is an NDA? NDAs, or non-disclosure agreements, are legally enforceable contracts that create a confidential relationship between a person who has sensitive information and a person who will gain access to that information.
Consult With a Lawyer A confidentiality agreement must comply with specific legal requirements, such as state and federal laws, to be valid and enforceable. A lawyer can ensure the contract meets all necessary legal requirements and is compliant with the applicable laws.
An NDA that protects a company's confidential information is a common type of agreement. This kind of NDA is, for the most part, enforceable.
Massachusetts courts enforce Confidentiality Agreements. But only to the extent that the Confidentiality Agreement protects an employer's legitimate business interest. What does this mean? Fortunately, courts recognize that protecting confidential business information is a legitimate business interest.
Massachusetts Law on Non-Disclosure Agreements: If you violate the provisions of a legally valid non-disclosure clause, your employer may sue to enjoin your activities and prevent you from continuing to engage in wrongdoing.
It is possible to void an NDA if the party signing it had access to the information before formally becoming a signatory.
You do not need a lawyer to create and sign a non-disclosure agreement. However, if the information you are trying to protect is important enough to warrant an NDA, you may want to have the document reviewed by someone with legal expertise.
That said, there are appropriate times to backdate this kind of confidentiality agreement and many will agree that it's not unethical or unusual. If done properly, an agreement with a retroactive date can have tremendous benefits for everybody involved.