In the recitals of the agreement, it is very important to correctly identify the parties who are required to protect the information and preserve its confidentiality, especially when the group companies are involved and the interlocutors can be numerous and are established in different countries. In such cases, it is advisable to oblige the receiving party to guarantee the confidentiality of all companies through a specific clause. It is also important that the agreement indicates precisely the persons who belong to the organization of the receiving party (such as: collaborators, technical advisors, experts, employees, etc.) who have the right to access the information, if possible through the signing of a confidentiality agreement by all the persons concerned. A confidentiality agreement (also called an NDA or confidentiality agreement) is a contract between two parties that promises to keep certain information confidential. Confidential information is often sensitive, technical, commercial or valuable (for example. B trade secrets, proprietary information). Employers who wish to use the provisions of the View Statute to obtain punitive damages and attorneys` fees from a former employee or independent contractor must include a whistleblowing provision in all confidentiality agreements entered into after the passage of the law (11 May 2016). Failure to include the provision does not preclude filing in federal court, but only the recovery of punitive damages and attorneys` fees. In other words, making it available is highly recommended, but not mandatory: These are just a few examples of the types of information you want to keep confidential under the protection of your NDA. Your agreement may list as much or little confidential information as necessary, but you must say exactly what information the receiving party cannot disclose. This clause also explains that the employee`s obligation of confidentiality does not extend to the following: launch your NDA by defining the “parts” of the agreement. The “disclosing party” is the natural or legal person who shares information, while the “receiving party” is the natural or legal person who receives information. This clause prohibits the employee from disclosing your trade secrets without authorization.
It also requires the employee to protect trade secrets and show that you are serious about respecting trade secrets. The sole purpose of the Employee Confidentiality Agreement is to make it clear to an employee that they cannot disclose your trade secrets without authorization. Lawyers recommend that employers use such agreements before a worker starts work….