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While non-disclosure agreements are generally enforceable in California, their enforceability can be subject to certain limitations and considerations.
In most cases, the NDA contract is unenforceable if it's requiring an employee to not report something that it's their legal duty to report. However, that means the employee needs to go to law enforcement about the issue, not necessarily that they can write a tell-all blog for profit.
The non-disclosure agreement legally prevents an individual from disclosing vital information obtained while in the employment of the company, thereby deterring other companies from hiring them solely for that benefit.
Civil penalties for breaking the terms of the NDA can include monetary damages or an injunction to prevent further violations of the agreement. The company or person that the NDA violation has damaged has the ability to seek legal remedy in a civil court.
A confidential disclosure agreement (CDA), also called a non-disclosure agreement (NDA), is a contract between the study sponsor and the institution that governs the access and use of confidential information, which includes the study protocol and other proprietary business or scientific information.
Since NDAs are civil contracts, breaking one isn't technically a crime. However, it could come with severe financial penalties. Violating an NDA leaves you open to lawsuits from your employer, and you could be required to pay financial damages and possibly associated legal costs.
Legal action: The party that was harmed by the breach of the NDA can take legal action to enforce the agreement and seek damages for any losses that were incurred. This may involve filing a lawsuit, seeking injunctive relief, or pursuing alternative dispute resolution.
You may be able to inform others that you have signed an agreement but not tell them the circumstances of the agreement itself. Make sure you closely read the terms of your NDA to ensure that you can disclose the existence of the agreement if you need to.