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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.
Massachusetts Law on Non-Disclosure Agreements: If you violate the provisions of a legally valid non-disclosure clause, your employer may sue to enjoin your activities and prevent you from continuing to engage in wrongdoing.
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.
In California, if an employee breaches a confidentiality agreement, the employer can take legal action against them. If the court finds the breach to be valid, it may award monetary damages to compensate for any financial loss the company incurred due to the breach.
A confidentiality clause can protect an employer beyond the time of employment by extending the time that an employee or contractor may not divulge information about the company that employed them.
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.
No, you are not obligated to sign a non-disclosure agreement presented to you by your employer. However, your employer can terminate your employment if you don't sign the NDA.