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.
“Personal information” is information about a natural person that identifies or describes an individual, including, but not limited to, the individual's name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history, readily ...
disclosure agreement (NDA) is a legally binding contract that establishes a confidential relationship between two parties: one that holds sensitive information and the other that will receive that sensitive information. The latter agrees that the information they receive won't be made available to others.
A confidentiality agreement should include the names and addresses of the parties to the contract. Consider also including: Reason for the agreement: Explain why you're sharing this information. The information disclosed: Be specific about the subject matter and what exactly is included in the agreement.
A contract is defined as an enforceable agreement between two parties. An employment contract is an enforceable agreement between two parties that contains whatever terms and conditions of employment the parties agree upon and, when accepted, becomes controlling upon the employment relationship.
NDAs are enforceable when they are signed — if they are properly drafted and executed. NDAs are enforceable once signed, provided they have been drafted and executed properly. Unilateral NDAs need only the signature of the receiving party, whereas mutual non-disclosure agreements need the signatures of both parties.
However, even for information not related to the above, employers must remember that for NDAs to be enforceable in California, they must be carefully worded. Vaguely-worded NDAs do not protect your company. They must also align with California's latest NDA laws. Otherwise, they won't stand in court.
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.
Main Elements of a Confidentiality Agreement The agreement will name the party or parties involved, the items subject to non-disclosure, the duration of the agreement, and the obligations of the recipient(s) of confidential information.
I agree that: a) I shall not share this information, material or documents (information) with persons within or outside of the ________ who are not authorized to have this information. b) I shall not publish such information. c) I shall not communicate such information without authority.