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There are several reasons why an NDA might be unenforceable, however. If the NDA is too broad, the information under the NDA is not actually confidential, or if the agreement requires the employee to do something illegal.
This Nondisclosure Agreement (the "Agreement") is entered into by and between [insert your business's name] with its principal offices at [insert your business address] and [insert the business's name that you're exchanging information with], located at [insert the address of the business that you're exchanging ...
For an NDA to be enforceable in California, it must not be too abstract or vague (no time limit established). Additionally, using a generic copy of an NDA form from the internet typically lacks specificity and does not hold much legal worth.
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.
But a non-disclosure agreement is not a legal reason not to testify. Even if the terms of the agreement required your silence, those terms would not be enforceable to prevent you from testifying.
Pursuing a Lawsuit After Filing an NDA If an employee has been the victim of discrimination or harrassment, they should be able to file a lawsuit to seek financial compensation for resulting damages, even if they previously signed an NDA.
When drafting an NDA, it is critical to be as specific as possible. A contract can be declared null and void if the language is unduly broad, irrational, or onerous. Agreements that are overly broad, oppressive, or attempt to contain non-confidential information will also be challenged or invalidated by the courts.
In general, NDAs are used when there is a unilateral flow of classified data, while confidentiality agreements are designed to be used when two or more parties share proprietary information.