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For example, a company can't require employees to sign an NDA to prevent them from disclosing criminal activity by the company. More recently, parts of Canada have made it illegal to require an NDA as part of a legal settlement in cases of harassment, discrimination, and sexual abuse.
A confidentiality agreement should include a clear definition of the confidential information, scope of the agreement, obligations of the receiving party, the duration of the contract, any exceptions to confidentiality, and the consequences of a breach of the contract.
A confidentiality agreement is a legal contract or clause that is used to protect the owner's proprietary or sensitive information from disclosure by others.
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.
Outline the Scope of the Confidentiality Agreement Make sure to include the confidential information you need to protect under the agreement, including business secrets, financial information, and customer data. The agreement should also specify the parties involved, including the disclosing and the receiving parties.
Typically, a legal professional writing the NDA will complete these steps: Step 1 - Describe the scope. Which information is considered confidential? ... Step 2 - Detail party obligations. ... Step 3 - Note potential exclusions. ... Step 4 - Set the term. ... Step 5 - Spell out consequences.
Five other key features must be included in your NDA to ensure it's legally binding, including a description of confidential information, obligations of the parties involved, any exclusions, the term of the agreement and consequences of a breach.