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NDAs, or non-disclosure agreements, are legally enforceable contracts that create a confidential relationship between a person who has sensitive information and a person who will gain access to that information.
Florida law says that non-disclosure agreements are enforceable if the drafting party can justify the existence of the document with a legitimate business interest.
A confidentiality agreement should include a clear definition of the confidential information, scope of the agreement, obligations of the receiving party, the duration of the contract, any exceptions to confidentiality, and the consequences of a breach of the contract.
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.
It is possible to void an NDA if the party signing it had access to the information before formally becoming a signatory. One of the most compelling instances in which an NDA is revocable or ?null and void? is when a court order is imposed or a government regulation requires its disclosure.
Enforceable NDAs must be supported by a legitimate business purpose. Typically, that purpose is protecting proprietary information, trade secrets, or other confidential information.
Upon signing this agreement, [insert name of the receiving party] agrees not to use any sensitive, privileged, or confidential information disclosed to them by [insert your name or business name] for any purpose other than the intended use as would be relevant to the relationship entered into by the parties.
Confidentiality Clause - Sample 02 The parties to this Agreement agree that each shall treat as confidential all information provided by a party to the others regarding such party's business and operations, including without limitation the investment activities or holdings of the Fund.