A confidentiality agreement, also known as a non-disclosure agreement (NDA) is contract where the signer agrees not to disclose another party's confidential information, to which they might become privy to during a working relationship with that party. A non-disclosure agreement is helpful towards anyone who needs protection to their professional reputation, intellectual property, and confidential information. These agreements are popular with businesses of all sizes, from large corporations, to an independent contractor.
When writing a confidentiality agreement, it's important to consider a few things before hiring a California business litigation lawyer to write it. There are a few types of agreements, so you must decide which is right for you. For example, there is an agreement called a mutual non-dosclosure agreement where both parties agree to not disclose one another's confidential information – this is common in employer/employee relationships. It's also important to determine some worst-case scenarios and tailor your agreement so that you are protected from those scenarios ever arising. The agreement needs to be extremely clear and concise, stating what confidential information it is referring to, what obligations the signer holds, the start date in which the agreement begins, and what happens if any of the terms of the agreement are broken.
A lawyer will be able to look at your situation from a legal standpoint and will be able to personalize your confidentiality agreement that suits your unique needs. While you may save a small fee by not hiring a lawyer to draft up your agreement, you risk problems arising in the future, as well as potential legal fees later. There may be discrepancies within your agreement that could have easily been avoided had a California business litigation lawyer been involved.