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A Confidential Disclosure Agreement [(CDA), also referred to as non-disclosure agreement (NDA) or secrecy agreement, is a legal agreement between a minimum of two parties which outlines information the parties wish to share with one another for certain evaluation purposes, but wish to restrict from wider use and ...
compete agreement, often part of a broader employment contract, is a legal document prohibiting an employee from working for or starting a competitive business during or after their employment period. Noncompete agreements are recognized and enforceable under Florida law.
Confidentiality of the Agreement The parties agree that the terms and provisions of this Agreement shall be kept confidential and shall be disclosed only to those persons and entities as required by law or as permitted by the other party hereto.
These agreements may also be called a "covenant not to compete" or a "restrictive covenant." Non-competes ensure the employee will not use information learned during employment to start a business and compete with the employer once work is over.
While companies cannot prevent other businesses from hiring their employees, the non-disclosure agreement is very effective at preventing employees of a company from using proprietary information as a bargaining tool for recruitment from competing firms.
When should you use each? A non-compete agreement is only used between an employee and a business to specify who may hire them should they leave the company. An NDA is much broader and is used to protect any personal or business-related information that one or both parties want to remain confidential.
Enforceable NDAs must be supported by a legitimate business purpose. Typically, that purpose is protecting proprietary information, trade secrets, or other confidential information.
Whereas NDAs are often used in business and legal settings to protect trade secrets, client lists, and financial data, confidentiality agreements are typically devised in employment or personal situations to protect sensitive information.