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Confidentiality

When it's time to enter into a business relationship, you as an employer may be wondering how you can best protect your interests. The confidentiality agreement can be an important step in establishing that relationship.  

Confidentiality and Non-Disclosure

The terms confidentiality and non-disclosure are often used interchangeably. Regardless of which term is used, the person who enters into this agreement with his or her employer or partner is agreeing that certain aspects of the business arrangement will be kept confidential.

The Problem with Promises

As an employer, you may exact a promise from contractors, employees and others who have access to your business information that anything they see, hear or learn will be held confidential. The problem is what happens if they violate that promise. Confidentiality agreements not only exact that promise - they allow for recourse if the promise is broken.

Who Has Confidential Information?

If you think you don't have any confidential information, think again. It might be as complex as works in progress or chemical equations. But it might be as simple as a customer list. This is especially true in cases of contract labor.  

When you must disclose your confidential company information to a potential client, subcontractor, or partner firm you will want to protect that information.  In addition you will want to prevent the other party from hiring your employees or subcontractors away from you.  Our mutual-non-disclosure agreement includes important provisions to prevent either party from hiring valuable employee or contractors from the other firm.

Other Aspects of Confidentiality

When it's time to discuss a new or potential business arrangement, the use of a contract can provide the protection needed by both parties before disclosing sensitive information. This document can be used alone or as part of a larger package. For example, you may choose to use the confidentiality agreement with an employee agreement if you are interviewing a person being considered for employment. In other cases, the confidentiality agreement may be used alone to ensure that information discussed during the initial meeting cannot be used by a competing party. 

Provisions Included in the Non Disclosure Agreement / Confidentiality Agreement

  • Confidential Material
  • Use and Treatment of Confidential Material
  • Return of Confidential Material
  • Remedies
  • Binding Effect
  • Employee Solicitation/Hiring
  • Non-Assignment
  • Arbitration
  • Attorneys' Fees
  • Severability
  • Waiver and Modification
  • Entire non disclosure agreement / confidentiality Agreement

Additional Topics
Web Hosting Contracts
Legal Contract Forms
Legal Documents
Website Contracts
Subcontractor Agreement
Non Disclosure Agreement


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All agreements were created by attorneys who specialize in Information Technology law.
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