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In that practice area, Delaware law is considered a neutral compromise when the parties are from different jurisdictions whose laws might otherwise apply but for the contractual choice of Delaware. Delaware M&A law is also well-developed and thus more predictable than the law in some other jurisdiction.
Confidentiality is a crucial component of the hiring process. As a recruiter, it's your job to gather candidate information through forms and interviews. If hired, this personal information becomes part of a candidate's secure file. Why is candidate and employee confidentiality so important in recruitment?
Generally, confidentiality agreements are enforceable when they meet the general requirements of a contract.
Breaching an NDA, depending on the conditions laid out, can lead to a monetary penalty, a lawsuit or even termination of employment, said Fromholz.
Whereas some states are willing to revise, modify or delete just the offending portion of an NDA, other states refuse to enforce the NDA in its entirety. Delaware, New Jersey and Pennsylvania are reformation states.
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.
Confidentiality should be maintained prior to, during, and following the recruitment process, including reference checks. All written, verbal and electronic records and information regarding this hiring process are confidential prior to, during, and following the interview process, including reference checks.
To avoid an NDA being declared unenforceable because of being too broad, you could provide context for the agreement and its terms. The NDA can also be invalidated where the Receiving Party received the confidential information not through your disclosure but through an entirely separate third party.
Replace your name with Confidential Candidate at the top. Create and use a generic Gmail account that doesn't include your name or any other information that identifies you. Remove your contact information except for your generic email address and personal cell phone number.
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.