Imagine a worker or former worker breaks an NDA. If the business learns of this, it may seek an injunction to prevent the employee from further disclosure. The business may also file a lawsuit seeking financial damages for all losses related to the breach of confidentiality obligations.
Just like any other contracts, an employee NDA is a legally binding document. As such, breaking an NDA would have adverse legal consequences against the employee.
There are usually no time limits on NDAs, and they are generally intended to silence the parties forever.
In Canada, the enforceability of non-compete agreements is quite strict. Courts are cautious and will only enforce such agreements if they protect a legitimate business interest.
At the top, there are three types, unilateral, bilateral, and multilateral NDAs. The rest of the specific NDA types fall under these three categories. Most are based on who has to sign the NDA. Not all NDAs are created equally, and they can only demand so much secrecy from strangers when compared to their employees.
NDAs can be enforced internationally depending on the jurisdiction and the laws that will apply to the NDA. There is a general understanding that each overseas party your business is engaging with will have its own rules and jurisdiction regarding the enforcement of NDAs.
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.
Exclusions: These are the types of information which do not need to be kept confidential. This might include public knowledge, previously disclosed details, or information someone knew before entering a business or financial relationship with a company or firm.
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.
Say this: "In the interest of maintaining good governance with future investors, we're asking that anyone closely involved with this project at this early stage sign an NDA."