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Exceptions to Confidentiality ObligationsExceptions to Confidentiality Obligations.Exceptions to Confidential Information.General Confidentiality.Cooperation; Confidentiality.Duration of Confidentiality.Noncompetition and Confidentiality.Access to Information; Confidentiality.Waiver of Confidentiality.More items...
Your actions do not amount to breach of contract, so your employer has no legal standing; or, The non-disclosure agreement is not enforceable because it does not comply with Massachusetts law.
3 mistakes that could invalidate an NDAUsing too broad a scope: One factor that can damage a restrictive covenant is failing to define a narrow scope.Using too broad a definition: In an attempt to further protect themselves and their trade secrets, an organization might broadly define what is considered confidential.More items...?
Any agreement between a Massachusetts employer and employee that requires the worker to not disclose certain information learned within the workplace environment is a non-disclosure agreement.
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.
Language that is too broad, unreasonable or onerous can void an agreement. Courts will also challenge or invalidate agreements that are overly expansive, oppressive or try to cover non-confidential information. Subsequently, if the information becomes public knowledge, an NDA can no longer be enforced.
For an NDA to be enforceable in California, it must not be too generic or too open-ended (no time limit established), or the courts will likely throw it out.
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)