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When drafting an NDA, it is critical to be as specific as possible. A contract can be declared null and void if the language is unduly broad, irrational, or onerous. Agreements that are overly broad, oppressive, or attempt to contain non-confidential information will also be challenged or invalidated by the courts.
But a non-disclosure agreement is not a legal reason not to testify. Even if the terms of the agreement required your silence, those terms would not be enforceable to prevent you from testifying.
Some of the exception clauses are: ? Information that is in the public domain. ? Information that the disclosing party disclosed before signing the agreement. ? Information received by the ?receiving party? from a third party, wherein the third party was not obliged to keep the information confidential.
In general, NDAs are used when there is a unilateral flow of classified data, while confidentiality agreements are designed to be used when two or more parties share proprietary information.
For an NDA to be enforceable in California, it must not be too abstract or vague (no time limit established). Additionally, using a generic copy of an NDA form from the internet typically lacks specificity and does not hold much legal worth.
Five other key features must be included in your NDA to ensure it's legally binding, including a description of confidential information, obligations of the parties involved, any exclusions, the term of the agreement and consequences of a breach.
Pursuing a Lawsuit After Filing an NDA If an employee has been the victim of discrimination or harrassment, they should be able to file a lawsuit to seek financial compensation for resulting damages, even if they previously signed an NDA.
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.