Starting January 1, 2025, businesses settling disputes with consumers cannot condition any refund or other consideration on a consumer agreeing not to make statements about the business, regardless of the sentiment or accuracy of those statements. The text of the new Cal. Civ. Code § 1748.50 can be found here.
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.
In California, a nondisclosure agreement may be enforceable, provided it meets basic criteria. The restrictive covenant must be properly drafted. This entails clear writing, detailed information about the confidential components of the contract, and a clearly stated extent of the confidentiality obligation.
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.
Noncompete agreements are void and prohibited by law in California.
An NDA could be unenforceable if it is too broad, is not for a defined time period, covers information that is not confidential, or asks for illegal conduct.
To create a Non-Disclosure Agreement, include the following information: The parties' names and contact information. The length of the non-disclosure period. The scope and definition of the confidential information. The obligations of the Non-Disclosure Agreement. The ownership and return information.
2. NDAs are enforceable when they are signed — if they are properly drafted and executed.
Yes, you can. NDA can be made between individuals like you would between independent contractors.
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.