It is also a violation to attempt to enforce a non-compliant NDA, “whether through a lawsuit, a threat to enforce, or any other attempt to influence a party to comply.” An employer who violates the law after its effective date may be sued for actual damages or $10,000 per violation, along with paying the employee's ...
You don't need a lawyer to create the agreement, but you may need someone with legal expertise to review it. We recommend consulting with a legal expert to ensure your agreement fully protects your organisation's interests when the document is first created.
An NDA could be unenforceable if it is too broad, is not for a defined time period, covers information that is not confidential, or asks for illegal conduct.
To get out of an NDA, you have to be sure that it is legally binding. For example, you cannot be liable for an NDA that covers up illegal activity by the issuer. A lawyer can help you assess your risks and determine how you should move forward.
An NDA could be unenforceable if it is too broad, is not for a defined time period, covers information that is not confidential, or asks for illegal conduct.
A lawyer can help you determine if your NDA can be challenged. Determine if your content is “public domain.” If the content your NDA covers is now known by the public, you may be able to make a case to nullify your NDA from any specific issuer.
20 CFR § 603.5 - What are the exceptions to the confidentiality requirement? (a) Public domain information. (b) UC appeals records. (c) Individual or employer. (d) Informed consent. (1) Agent—to one who acts for or in the place of an individual or an employer by the authority of that individual or employer if—
Setting an unrealistic duration or harsh restrictive terms, like an NDA that lasts a lifetime, can invalidate the agreement. Similarly, having an overly broad agreement that covers information that is not confidential can result in legal complications.