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Can an independent contractor sign an NDA? Not only can you have your independent contractors sign an NDA, but it's also recommended. The NDA should be a regular part of your agreements with independent contractors every time the projects require you to share sensitive information with the person you're hiring.
Generally, confidentiality agreements are enforceable when they meet the general requirements of a contract.
To create a legally-binding non-disclosure contract, you must use specific language when defining confidential information, parties, and scope. Broad language that can be interpreted many ways may not hold up in a legal dispute.
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.
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.
Here are 10 suggestions to help protect confidential information:Proper labelling.Insert non-disclosure provisions in employment agreements.Check out other agreements for confidentiality provisions.Limit access.Add a confidentiality policy to the employee handbook.Exit interview for departing employees.More items...?27-Dec-2013
One way to get out of an NDA is when the set term of the contract expires. Another way is if the contract is ended in accordance with its termination clause. In some cases, however, your legal obligations to maintain confidentiality can continue for many years.
Breaching an NDA, depending on the conditions laid out, can lead to a monetary penalty, a lawsuit or even termination of employment, said Fromholz.
However, if an NDA does not contain certain elements, it may not be legally enforceable. A Maryland business attorney can help you ensure that you include all key elements in your company's NDA to make the agreement effective and enforceable.
How to terminate the NDARead the Duration clauses. Good NDAs will have two different terms of duration.Read the termination clause. Like any other relationship, business partnerships can come to an early end unexpectedly.Read the Return of Information clause.