Why Use A Confidentiality Agreement

The reason why you should never rely on an oral confidentiality agreement is simply because it is extremely difficult, if not impossible, to prove the existence of an oral agreement and/or acts indicating the creation of such an agreement. It`s because of the “he said she said” problem. In essence, a case based on an oral agreement is decided on the basis of who is believed. Don`t sit in this situation, if you can even avoid it. You should always try to get the agreement in writing (if possible), even if you have to dilute it a bit to get a signature. It should be noted, however, that some court proceedings in some legal systems authorize the oral establishment of such a confidential relationship and that certain court proceedings in some jurisdictions allow the use of acts as evidence of the establishment of such a confidential relationship, but you should NEVER rely on or anticipate the fact that a court applies an oral confidentiality agreement based only on acts. Most confidentiality agreements exclude certain types of information from the definition of confidential information. It is very important that the recipient incorporates these exceptions into the confidentiality agreement. Some frequently used exceptions are information that the recipient is able to prove before receiving information from the public, information that is communicated to the public without fault of the recipient, information that is communicated to the recipient by a third party with a legitimate right to disclose the information, information that was public before the disclosure of the information to the recipient and information that was produced independently of the recipient. The content of each NDA is unique because it refers to specific information, proprietary data or other sensitive details determined by the people involved and what is being discussed. In general, there are two main types of confidentiality agreements: unilaterally, ice and the other. An NDA is usually used at any time when confidential information is disclosed to investors, creditors, customers or potential suppliers. Written confidentiality and signature by all parties can trust these negotiations and prevent the theft of intellectual property.