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NDA stands for a non-disclosure agreement. This document ensures that when you share your proprietary information (ideas, trade secrets, etc.) with another person, they will keep it a secret.
In Florida, NDAs are enforceable so long as the disclosing party has a legitimate business interest that justifies its existence. Florida law will look to the specific geographic and trade area when determining the enforceability of an NDA.
NDAs are generally required when two companies enter into discussions about doing business together but want to protect their own interests and the details of any potential deal.
The Key Elements of Non-Disclosure Agreements Identification of the parties. Definition of what is deemed to be confidential. The scope of the confidentiality obligation by the receiving party. The exclusions from confidential treatment. The term of the agreement.
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.
Depending on the circumstances surrounding the confidentiality breach and how badly it impacted the company, the employer may even have a case for criminal charges against the employee.
Lack of consideration. Like other contracts, an NDA is valid only if there is consideration. This means both parties must be induced to enter the agreement. In the case of NDAs between employers and their employees, the consideration requirement is met if the NDA was executed when the employee was hired.
5 Situations That Require a Non-Disclosure Agreement Discussing the sale or licensing of a product or technology.When employees have access to confidential and proprietary information.Presenting an offer to a potential partner or investor.Receiving services from a company that has access to sensitive information.
Information that may require NDAs includes secret recipes, proprietary formulas, and manufacturing processes. Protected information also typically includes client or sales contacts lists, non-public accounting figures, or any specific item that sets one company apart from another.
For an enforceable NDA in a Florida court, the NDA must define the time limit in which the NDA binds the signer. It is possible, however, to have an NDA last indefinitely. For this to happen, the NDA needs to specify that the terms of the NDA are indefinite and there has to be a valid reason for it.