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Whereas NDAs are often used in business and legal settings to protect trade secrets, client lists, and financial data, confidentiality agreements are typically devised in employment or personal situations to protect sensitive information.
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.
Confidentiality/non-disclosure agreements are contracts in which the employee promises not to disclose certain proprietary information, such as trade secrets. Non-compete agreements are contracts in which the employee agrees not to unfairly compete against his/her (former) employer.
A nondisclosure agreement means you agree not to disclose things the company may consider to be proprietary or confidential, such as information about new products, technology, business plans, financial information, models, sketches, and so forth.
Nevada jurisprudence has long recognized the legality of contractual non-compete agreements. 2 Generally speaking, if an agreement is reasonable in terms of its geographic scope and time, it will be enforced.
When should you use each? A non-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 business-related information that one or both parties want to remain confidential.
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.
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.