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A Massachusetts non-disclosure agreement (NDA), also known as a confidentiality agreement, may be a legally binding document between a business and its employees or independent contractors.
Exceptions to Confidentiality Obligations Exceptions to Confidentiality Obligations. Exceptions to Confidential Information. General Confidentiality. Cooperation; Confidentiality. Duration of Confidentiality. Noncompetition and Confidentiality. Access to Information; Confidentiality. Waiver of Confidentiality.
In a unilateral NDA, one party agrees to non-disclosure of confidential information belonging to the other party. In a mutual NDA, both parties agree not to reveal the other's confidential information.
NDAs, or non-disclosure agreements, are legally enforceable contracts that create a confidential relationship between a person who has sensitive information and a person who will gain access to that information. A confidential relationship means one or both parties has a duty not to share that information.
NDAs may not be binding if you have not had independent legal advice before signing, or in some whistleblowing cases. In a settlement agreement, there is usually a provision which allows you to discuss confidential matters with your legal advisor and close family.
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.
Nondisclosure obligations In general, recipients of confidential information are subject to an affirmative duty to keep the information confidential, and not to disclose it to third parties except as expressly permitted by the agreement.
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.
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.
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.