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NDAs are legally enforceable contracts, but they're now coming under increased scrutiny from lawmakers, attorneys and legal experts.Companies often use them as part of an employment contract or settlement agreement to protect sensitive information like trade secrets.

Since NDAs are civil contracts, breaking one isn't technically a crime.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. It's illegal to reveal trade secrets or sensitive company information to a competitor.

While NDAs are legally binding, there needs to be a balance of power in order for them to be enforceable. Most NDAs are connected with a severance package or final paycheck. If employee's sign, they forfeit their right to speak out. If they don't, they forfeit their right to receive a severance or final pay.

An NDA creates a confidential relationship between the parties, typically to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects non-public business information. Like all contracts, they cannot be enforced if the contracted activities are illegal.

In an NDA that puts you at a disadvantage, you have a legal option to get out of it. If your agreement doesn't meet all the required elements, from the definition of confidential information to the period covered, your lawyer can challenge it. And a court might find it invalid.

Typically the remedy for confidentiality breaches is monetary damages. Under the Defend Trade Secrets Act of 2016, this may also include attorney fees and any large exemplary damages. However, the majority of company employees do not have the funds to pay monetary damages.

If you sign an NDA, there are severe financial penalties for breaking it, says Mullin. The costs range from $25,000 to $100,000 or even $750,000 per breach, meaning per individual time you divulged confidential information to someone else.