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An employee confidentiality agreement, or non-disclosure agreement or an NDA, makes it crystal clear to an employee that he or she cannot under any circumstance, with the exception of prior written approval, disclose company secrets.
Generally, confidentiality agreements are enforceable when they meet the general requirements of a contract.
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 contractual consequences of a breach of a NDA could include a compensation claim or securing an injunction order to prevent further damage or loss arising from the breach of confidentiality.
NDAs, or non-disclosure agreements, are legally enforceable contracts that create a confidential relationship between a person who has sensitive information and a person who will gain access to that information. A confidential relationship means one or both parties has a duty not to share that information.
Violating an NDA can have serious consequences NDAs are legally binding contracts. If an employee has violated an NDA, then the company may take legal action. The most common claims in NDA lawsuits include: Breach of the contract (such as the breach of NDA)
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.
Describe what the other party is agreeing to.Exercising reasonable precautions against disclosure of the information.Not disclosing Confidential Information without the written consent of the Disclosing Party.Using the information only for business purposes, and only on a need to know basis.More items...?
Terms within the NDA should be reasonable. If the NDA terms are too broad, courts may refuse to enforce all of them.