Indeed, the potential client may well get you to sign an NDA yourself, to protect any business secrets they indulge during your pitch. So by presenting them with an NDA of your own, and making a strong case for them to sign it, you're actually conveying your seriousness and raising your authority overall.
Philippine courts generally recognize NDAs as enforceable contracts, provided they meet the essential requisites of a valid contract under Article 1318 of the Civil Code: consent, object, and cause. Under Article 1318 of the Civil Code, for an NDA to be valid, there must be mutual consent between the parties.
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.
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.
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.
Employee inclusive of his/her direct beneficiaries in business, interest and title in recognition of the transfer of Confidential and Proprietary Information to Company Name hereby agrees not to directly or indirectly compete with the business of Company name and its successors and assigns during the term of the ...
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.
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.
Employee agrees that, except in promoting the Company's business, and as necessary in performing the duties of his/her employment with the Company, Employee shall not use in any manner, directly or indirectly, any Confidential Information.
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.