Irreparable loss without confidential agreement

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Protection of sensitive information

Confidential agreement is main source to protect the confidential information. Confidential information must not be disclosed to the recipient before signing the agreement. It ensures that recipient will fulfil his entire obligation to keep the information as secret for certain period of time. Confidential information is considered as back bone of the business. It is the information which is not already exists in public domain.

It must be made to ensure the secrecy of the information. It is always considered as best tool to protect your sensitive information. The recipient cannot use the confidential information for their own use. It is always considered as property of the discloser.

Steps for disclosing
Confidential information must not be disclosed at once. It must be disclosed to recipient step by step or n accordance with the requirement of the project. No doubt, it s preserve the information but there is no check and balance to determine whether information is disclosed to any one or not. So, it must be disclosed sensibly. The discloser can sue the recipient on the breach of the agreement. It is the duty of the recipient to make his best efforts to maintain the secrecy. If idea or plan is disclosed before the implementation this will cause a huge loss. Leakage of confidential information is always considered as an irreparable loss. So, you must disclose the information into pieces as per requirements.

It is also known as non disclosure agreement (NDA). NDA provides the legal shelter to secret information. NDA binds the recipient to not disclose the secret information. NDA develops the mutual trust between the parties. It is a tool that ensures the growth of the business. It is a device that gives the confidence to the party that secret information is protected and cannot be disclosed by the other party without his consent. NDA has multiple benefits. It promotes the healthier business environment. It protects the new ideas and plans. It is a source that minimises the misunderstandings. It is a source that ensures sensitive information is fully protected.

Absence of agreement
You cannot sue the recipient if you have not signed the agreement before disclosing the sensitive information. Without the agreement, recipient has no legal obligation to keep the information as secret. You must make the agreement before discussing the sensitive information.

Legal understanding
The recipient must read the agreement before signing it. He must understand the legal implications of the each paragraph of the agreement. He must fully understand his legal duties.

Term of the agreement
It must provide the time period for maintaining the information as confidential. It must be signed by the both parties. It is a legal document. It must be in written form. It must include all the provisions that ensure the secrecy of the sensitive information. It must not create any misunderstanding between the parties. Each paragraph must be clear and concise. The recipient can disclose it after the expiry of the term of the agreement. It is evidence that record the intentions of the both parties. It is agreement that provide the legal cover to the sensitive information.

Net Lawman provides the comprehensive NDA. Such as:

Confidentiality agreement: consultant, contractor or supplier | Non Disclosure Agreement (NDA)
Use this confidentiality agreement for situations where a contractor, consultant or supplier will learn sensitive information during the course of their work or service for you. The sensitive information may be directly related to the service the other party is carrying out (for example, a management consultant may need to know directors' salaries, or a parts supplier might need to know exactly what you are manufacturing with the machine) or the other party may find out in the course of providing the service (for example, IT contractors may find out the identities of some of your clients as they fix a computer or a bathroom fitter might find out your hygiene habits).

Editor notes:

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Confidentiality Letter - Confidentiality Agreement - Confidential Letter

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Irreparable loss without confidential agreement

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This article was published on 2012/03/29