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.
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.
Various whistleblower laws protect employees who have signed non-disclosure agreements and find whistleblowing necessary to right the wrongs of their employers. For instance, California law deems unenforceable NDAs that require employees to keep quiet about harassment, discrimination, or unlawful workplace activity.
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 ...
An NDA that prevents an employee from working in their profession or field of trade may be considered a non-compete agreement. In California, non-compete agreements are more rarely enforceable. NDAs can also not be used to prevent the reporting of illegal activity or to silence whistleblowers.
NDAs should have a clear description of the purpose, parties, and duration they cover. Specifying time limits or periods that your employees are subject to confidentiality is particularly important to ensure your NDA is enforceable in California. The typical time period is one to five years.
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.
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.
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.