Non-Disclosure with Non-Complete Agreement

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Control #:
US-CN-2050-1
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FAQ

Non-disclosure agreements, or NDAs as they are sometimes called, are legally enforceable agreements between parties that are used to ensure that certain information will remain confidential.

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.

These agreements are basically a statutory exception to the general rule that an employer cannot restrict the ability of their employees to leave and work somewhere else. And because non-competes are the exception and not the rule, states generally have specific statutory requirements for non-compete agreements.

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's illegal to reveal trade secrets or sensitive company information to a competitor.

It doesn't mean you can't work for a competitor; it simply means you can't use proprietary or confidential information you learned or obtained from the former employer with a new employer.

Non-competition, Non Solicitation, and Confidentiality Agreement. An agreement for employees not to work for a competitor, not form a competing business, and to maintain confidentiality during employment. This agreement may or may not be enforceable depending on state law.

The difference between the two agreements It doesn't mean you can't work for a competitor; it simply means you can't use proprietary or confidential information you learned or obtained from the former employer with a new employer.

Non-competes are most commonly seen in NDAs in the employment context, but they can sneak their way into business deals.

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Non-Disclosure with Non-Complete Agreement