Non Disclosure Confidentiality Agreement
A non disclosure agreement is a legal form that is presented to
employees, that asserts the employees agreement to not disclose any trade
secrets of the business or to share intellectual property that belongs to the
business. Typically the non disclosure is used to protect software, business
practices, trade secrets and anything else that can be construed to belong to the
business that may or may not be tangible property. A non disclosure agreement
can be a generic form that lists the companies name and the employees name. It
is standard practice to present this form as a part of a new hires hr forms. It can
be listed as a condition of employment and if the employee refuses to sign it than
they can be fired. This agreement will outline what is considered a breach of
disclosure and what the penalties will be if it is breached. A non disclosure
agreement is a legally binding form.
A confidentiality agreement is similar to a non disclosure agreement
except with a confidentiality agreement usually a penalty for a breach is much
more severe. A breach in a confidentiality agreement could result is fierce
punitive damages and may involve court action. Confidentiality agreements are
usually in place to protect secret formulas or a persons identity. These
agreements are also part of a new employees human resource forms, these are
legal forms that are legally binding.
A confidentiality agreement provides protection for business activities,
inventions, and research and in the case of working for someone famous it
protects the employer from having information leak out about their personal life.
Confidentiality agreements are generally very specific and the legal form is
created to note the specifics of the situation.
Both non disclosure forms and confidentiality forms can be created by an
individual or they can be prepared by an attorney. It is recommended that
confidentiality forms are prepared by an attorney, only because if a confidentiality
form is required in addition to the non disclosure form there is usually something
very important to protect. These legal forms can be found on the internet or can
be purchased at an office supply store. There are templates available online that
will walk through the form step by step, and usually offers forms to build from. An
attorney can easily prepare both of these documents but be ready to be charged
a fee for their services. So make sure you know that you want to include in your
non-disclosure or confidentiality agreement before you allow an attorney to begin
drafting your document.