A confidentiality agreement (NDA) creates a confidential relationship and is used when one party must share confidential information with another party. At the end of the agreement, confidential information must normally be returned or destroyed by the recipient party. A Confidentiality Agreement (NDA), also known as a Confidentiality Agreement (CA), Confidential Disclosure Agreement (CDA), Intellectual Property Information Agreement (PIA) or Confidentiality Agreement (SA), is a legal contract or part of a contract between at least two parties that describes confidential information, knowledge or information that the parties wish to share with each other for specific purposes. , but which limit access. Physician-patient confidentiality (doctor-patient privilege-privilege), solicitor-client privilege, priestly privilege, bank client confidentiality and kickback agreements are examples of NDAs that are often not enshrined in a written contract between the parties. However, despite its bad reputation, an NDA is an essential legal document, essential to the protection of a legitimate business or contractor. Negligent implementation of this type of well-written legal agreement can cause considerable harm to your business. You give your information to the „recipient,” but what if the recipient is really a company? Or what happens if the recipient has to execute certain information from his lawyer? This type of problem is addressed under the heading „Restricted Use of Confidential Information.” Think about who needs to know the information and limit the use of information to these people. The recipient must ensure that this person also signs an NDA that accepts the same conditions. Sometimes NDAs contain facilities that are used for this purpose, which requires a third party to accept the terms of the original NOA.
You cannot prohibit the receiving party from disclosing information that is known to the public, that was legally acquired from another source or developed by the receiving party before they meet you. Similarly, it is not illegal for the receiving party to reveal your secret with your permission. These legal exceptions exist with or without agreement, but they are usually contained in a contract in order to make everyone understand that this information is not considered a trade secret. The most difficult part is whether other individuals or companies can also be parties to the agreement. Does the recipient expect confidential information to be shared with a related or related company? To a partner? To an agent? In this case, the NDA should also cover these third parties.