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While companies cannot prevent other businesses from hiring their employees, the non-disclosure agreement is very effective at preventing employees of a company from using proprietary information as a bargaining tool for recruitment from competing firms.
compete agreement is only used between an employee and a business to specify who may hire them should they leave the company. An NDA is much broader and is used to protect any personal or businessrelated information that one or both parties want to remain confidential.
Non-competes in the context of NDAs are just problematic, since they limit a person's ability to earn a living ? which in fact goes against laws about public policy. Non-competes are most commonly seen in NDAs in the employment context, but they can sneak their way into business deals.
Each Receiving Party agrees not to disclose any Confidential Information to third parties nor to the Receiving Party's Representatives and Affiliates, except to those Representatives and Affiliates of the Receiving Party who are required to have the information in order to evaluate, support or engage in discussions and ...
Confidentiality of the Agreement The parties agree that the terms and provisions of this Agreement shall be kept confidential and shall be disclosed only to those persons and entities as required by law or as permitted by the other party hereto.
These agreements may also be called a "covenant not to compete" or a "restrictive covenant." Non-competes ensure the employee will not use information learned during employment to start a business and compete with the employer once work is over.
Employee agrees not to pursue any transaction or business relationship that is directly competitive to the Business of the Company that makes use of any Confidential Information during the Term of this Agreement, other than through the Company or on behalf of the Company.
A Confidential Disclosure Agreement [(CDA), also referred to as non-disclosure agreement (NDA) or secrecy agreement, is a legal agreement between a minimum of two parties which outlines information the parties wish to share with one another for certain evaluation purposes, but wish to restrict from wider use and ...