Confidentiality Agreement Add Circle For Free

Generally, this contract is signed prior to the employee's first day of work. However, some occasions require a retroactive contract. An example is when an employee starts off as a volunteer and is promoted to paid status. The retroactive employment contract is like any other.

A confidentiality agreement, which is also known as non-disclosure agreement or simply as an NDA, is simply a contract between two or more parties where the subject of the agreement is a promise that information conveyed will be maintained in secrecy.

Thankfully, most jurisdictions allow for contracts, including NDA's, to be signed with a retroactive date. This is commonly referred to as backdating. But backdating (or adding a retroactive date) any contract can be tricky business, perhaps even more so with NDA agreements because of their nature and content.

Are Confidentiality Agreements Enforceable?These agreements are typically enforceable, however some states require the agreements to be very specific regarding what information is protected and refuse to enforce agreements that are too broad.

If your company discloses confidential information without having the NDA agreed to first, ensure that the NDA applies retroactively by setting the effective date as the date on which confidential information was first disclosed, not the date on which the agreement was signed.

While this kind of time limit is intended to balance the disclosing party's need for secrecy and the receiving party's interest in minimizing its responsibility under the agreement, such expiration dates in NDAs can unintentionally undermine efforts to maintain trade secret protection.

A confidentiality agreement (also called a nondisclosure agreement or NDA) is a legally binding contract in which a person or business promises to treat specific information as a trade secret and promises not to disclose the secret to others without proper authorization.