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Non-disclosure agreements, or NDAs as they are sometimes called, are legally enforceable agreements between parties that are used to ensure that certain information will remain confidential.
The Most Common Interview NDA UsesThis document is often used for candidates being interviewed to fill sensitive positions. Some companies will use it for all interview processes, though that may depend on the availability of company-sensitive or proprietary information throughout your organization.
An NDA is typically put to use any time that confidential information is disclosed to potential investors, creditors, employees, advisors, clients, or suppliersor any other stakeholders that need access to the company's confidential information.
It is not well-settled that NDAs protecting information other than trade secrets are enforceable, but the Tenth Circuit and Colorado courts have held that regardless of whether the information sought to be protected is a legitimate trade secret, they will enforce the NDA if it meets other requirements.
The Most Common Interview NDA Uses This document is often used for candidates being interviewed to fill sensitive positions. Some companies will use it for all interview processes, though that may depend on the availability of company-sensitive or proprietary information throughout your organization.
The NDA is common before discussions between businesses about potential joint ventures. Employees are often required to sign NDAs to protect an employer's confidential business information. An NDA may also be referred to as a confidentiality agreement.
Terms within the NDA should be reasonable. If the NDA terms are too broad, courts may refuse to enforce all of them.
Confidentiality agreements must be reasonable or they will not be enforced. An unreasonable confidentiality agreement would be an agreement that is overbroad or is unfair to the employee.
The information not protected by a confidentiality agreement includes: Information the recipient knew prior to signing the agreement. Information the recipient learns from alternative sources or information that is public knowledge.
Nondisclosure agreements, often referred to as NDAs, have become one of the most common legal documents that workers sign. Researchers estimate over one-third of the U.S. workforce is bound by an NDA.