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Yes, 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 project requires working with sensitive information.
If the information covered in an NDA is revealed in another way?like through a court proceeding or subpoena?then the NDA no longer applies.
Like employee NDAs, an independent contractor NDA can be included within broad employment contracts, or in a standalone NDA. Just like employee NDAs, enforceable independent contractor non-disclosure agreements must comply with state and federal laws.
Since NDAs are civil contracts, breaking one isn't technically a crime. However, it could come with severe financial penalties. Violating an NDA leaves you open to lawsuits from your employer, and you could be required to pay financial damages and possibly associated legal costs.
Their purpose is to: Establish expectations and obligations. As an NDA clearly outlines which business information is protected, guidance on how to handle trade secrets, and the consequences for employees or consultants who violate the agreement. Protect intellectual property.
Independent contractors are not required to maintain secrecy unlike employees, which means if you disclose any information to a contractor without a Non-disclosure agreement, there will be no legal action taken.
How to write a non-disclosure agreement: What's included? Introduction. Definition of confidential information. How to handle confidential information. Exclusions from confidential information. Obligations of receiving party. Duration of agreement. Resolving disputes. Integration.
Some of the exception clauses are: ? Information that is in the public domain. ? Information that the disclosing party disclosed before signing the agreement. ? Information received by the ?receiving party? from a third party, wherein the third party was not obliged to keep the information confidential.