What is a Non-Disclosure Agreement?

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What is a Non-Disclosure Agreement?

A non-disclosure agreement may be formed between an employer and employee regarding sensitive or private information. Basically, these agreements prohibits the parties from disclosing information without the other’s consent. In an employment setting, this may be included as a clause in the overall employment contract, or they can be created for separate projects as needed.

Non-disclosure agreements are usually formed by the employer, and typically ask the employee not to disclose private company information. However, they can sometimes flow in the other direction. For instance, an employee may ask their employer to sign a non-disclosure agreement if the company will be using the employee’s own personal work or data for their projects.

Non-disclosure agreements are sometimes called confidentiality agreements.

What is Usually Covered in Non-Disclosure Agreement?

Non-disclosure agreements often include information and instructions such as:

Lastly, some non-disclosure agreements may expire on a given date, or after the project at hand is completed. It is usually best to indicate the time period in which the disclosure agreement is valid.

What Happens if the Agreement is Violated?

Violations of non-disclosure agreement can result in various consequences, including:

In addition, a violation of a non-disclosure agreement can sometimes involve other areas of law, especially copyright, trademark, and patent laws. Thus, an intellectual property violation can often be connected with a non-disclosure agreement breach.

Do I Need a Lawyer for Help with a Non-Disclosure Agreement?

Non-disclosure agreements should be entered into carefully, and should be reviewed before signing them. You may wish to hire a lawyer if you need help drafting, editing, reviewing, or disputing a non-disclosure agreement. Your attorney can inform you of your legal rights and can assist you in court if you need legal representation.

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Last Modified: 09-16-2013 12:33 PM PDT

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