My previous blog post was triggered by an issue with the confidentiality agreement – what is the best way to protect the disclosing party from losses caused by unauthorized disclosure by representatives of the recipient? I had pretty much opted for the fix, but among those I consulted, it turned out to be an unpopular choice, to an extent that surprised me. The concept of compensation has been somewhat tainted with baggage; Let`s take a closer look. These contracts generally relate to the disclosed party and the receiving party. Confidentiality agreements are the most widely used in the field of employment, but can also be concluded with independent contractors, suppliers, suppliers, investors and other business partners and partners. An information service provider should check whether compensation is necessary (and what form it takes). This type of agreement does not offer a license or other rights to the other party`s confidential information. Exemption for acts of representatives. In addition to any other remedies available to the disclosed party, the recipient releases the disclosing party from any loss and liabilities resulting from the disclosure or use of confidential information by representatives of the recipient that are not authorized by this agreement. There are a number of potential benefits to being compensated as subject to advertising, for example. B not necessarily be required to reduce losses and delays in claims.
However, the absence of compensation does not limit a depositor`s ability to claim damages (although with the need to reduce a loss) or to pursue other remedies, such as claims for omission. This is of course provided that the NDA is properly formulated! The exemption from confidentiality agreements is a clause of this type of contract that applies to claims of third parties.3 min Read Also confidentiality agreements (NDAs), confidentiality agreements are legally binding contracts that identify the information that one or both parties wish to keep confidential and that prohibit the public or private disclosure of this information…