In Florida, NDAs are governed by both state and federal laws. These agreements must comply with relevant statutes to be enforceable. It's important to understand the nuances of these laws to ensure that an NDA is legally sound and effective.
By law, a nondisclosure contract must be reasonable and necessary for protecting a legitimate business interest. It must also be limited in scope and duration, in terms of timing, geography, and other relevant factors. While not required, you should put any confidentiality agreement in writing.
Florida law says that non-disclosure agreements are enforceable if the drafting party can justify the existence of the document with a legitimate business interest. Non-disclosure agreements can protect trade secrets, sensitive business data, and other things that a business would want to keep confidential.
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.
2. NDAs are enforceable when they are signed — if they are properly drafted and executed.
In Florida, non-disclosure agreements that apply to former employees or contractors can generally last from six months to two years, while NDAs involving former distributors, franchisees, or licensees can generally last from one to three years.
Explain the Context: Start by explaining why you need the NDA. Be clear about the sensitive information involved and why it's important to keep it confidential. Be Honest and Transparent: Share your reasons for needing an NDA. Emphasize that it's not about distrust but about protecting both parties' interests.
If you need an NDA, looking at templates online isn't a bad place to start, but ideally you should work with a lawyer who can write a simple NDA for you or tweak the one you have. You may be able to find someone in your community who can do it for a few hundred bucks.
Every non-disclosure agreement must specifically designate each party involved. The individual receiving the sensitive information can be a specific person, all employees of another specific company, or any representative of the company. It's very important for a company to appropriately define itself in an NDA.