If you own your own business or are looking to start one, you will likely need to work with other people. Contact the attorneys of Garcia-Zamor for all of your business law needs, such as creating your:
software development agreement
software license agreement
terms of service
social media policy
trade secret policy
Now let’s talk a little about non-disclosure agreements.
Whether you are hiring your own employees or collaborating with another creative who will have access to confidential information, you’ll be faced with the issue of keeping your information private. The answer to this conundrum is frequently to draft a nondisclosure agreement, frequently referred to as an NDA. This can be helpful to protect your information and give clear legal boundaries to whoever you are working with.
There can be many intricacies to an NDA and they are highly depending on your individual situation and business strategy. It is important to contact the attorneys of Garcia-Zamor, prior to signing or drafting any agreement. Below are just a few things to consider.
DO Make Sure To:
As you draft your NDA, one of the most important things you can do is to be very clear on what you consider confidential. This includes specifying what information is covered by the clause and what the signee is allowed to do with the information. This will help by preventing confusion, assist with compliance, and will also protect you if they don’t follow your terms if it comes to litigation. Clarify any restrictions such as a non-competition clause and be clear on what happens if the contract is breached.
Something that you may want to keep in mind while you are drafting your NDA, is that you may need to account for compelled disclosure. If something happens and the court of law or a government agency requires an employee or business partner to disclose information, they can not refuse. You may consider asking to be notified if this happens so you can be as prepared as possible and knowledgeable about the situation.
Make Sure That You DON’T:
Just as there are things you want to make sure you do as you are drafting an NDA, there are a few things that you will want to avoid. The biggest thing you can do is to not reveal any confidential information without a signed agreement. Failing to do this could leave you and the other party in a legal gray area that may leave your business interests unprotected.
It may seem counterintuitive as it will involve more people, but don’t prohibit third party representation. The signee may want to share the terms with their attorney to protect their legal and professional wellbeing. They may also need to share information with their accountant. This is vitally important for an investor who will be supporting your business. You need to also bind these representatives to confidentiality.
Protect Your Needs
Are you still feeling unsure about how to move forward with your nondisclosure agreement? Contact Garcia-Zamor today to have your questions answered and get the legal assistance you need as you move forward with your business. Our team of attorneys can use their decades of experience to help you with writing your NDA and figuring out ways to protect your intellectual property. From writing NDAs to filing with the patent office and pursuing litigation, we can give you the legal leg up for a fair price.