Virginia courts generally enforce NDAs ing to their terms, so long as they comply with several common law requirements. You can avoid inadvertently drafting an unenforceable NDA by seeking the counsel of a Richmond employment contract attorney.
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.
Non-Disclosure Agreements (NDAs) are legal documents that establish contractual conditions for the exchange of information where a disclosing party shares confidential information with a receiving party. The NDA defines information that the parties wish to protect from dissemination and outlines restrictions on use.
In Virginia, non-compete and non-solicitation agreements are enforceable only if they are narrowly drawn to protect the employer's legitimate business interests, are not unduly burdensome on the employee's ability to earn a living, and are not against public policy.
2. NDAs are enforceable when they are signed — if they are properly drafted and executed.
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.
Under § 40.1-28.01 of the Virginia Code, employers are prohibited from requiring employees or prospective employees to sign a non-disparagement agreement that has the effect or purpose of concealing the details of a claim related to sexual assault or harassment.
Virginia courts generally enforce NDAs ing to their terms, so long as they comply with several common law requirements. You can avoid inadvertently drafting an unenforceable NDA by seeking the counsel of a Richmond employment contract attorney.
If both parties under the NDA were signing as sole proprietors, you have to ensure that both your full names are stated clearly. If you wanted to ensure that there would be no doubt about who the parties were, then you could add identification information such as addresses or social security numbers.
Both parties must enter into the NDA voluntarily and with a clear understanding of its terms. If there was coercion or deception involved, the agreement may not be valid.