How long does the duty of confidentiality last? The standard agreement offers three alternative approaches: an indeterminate delay that ends when information is no longer a trade secret; A fixed period of time or a combination of the two. Commercial property NDA (Confidentiality) – If a landlord tries to sell or rent his property, this contract would be signed by all potential buyers or tenants. Know-how does not always refer to secret information. Sometimes this means a certain type of technical knowledge that may not be confidential, but is necessary to accomplish a task. For example, a collaborator`s know-how may be required to train other collaborators in how to make or use an invention. Although know-how is a combination of secret and non-secret information, we recommend that you treat it as a protective trade secret. If you pass on the know-how to employees or contractors, you use a confidentiality agreement. The owner recognizes that the recipient can obtain information about the transaction, practices or other characteristics of the owner that may be considered confidential. Therefore, the contracting parties agree to the following terms of this agreement.

At the conclusion of this confidentiality agreement and for a period of five years from the conclusion or termination of the agreement, the recipient may not participate in transactions with the owner or request transactions made available to the recipient by the owner for circumvention purposes. If the two parties reveal secrets, you should amend the agreement to make it a reciprocal (or “bilateral”) confidentiality agreement. To do this, replace the next paragraph with the first paragraph of the agreement. You cannot prohibit the receiving party from disclosing information that is known to the public, that was legally acquired from another source or developed by the receiving party before they meet you. Similarly, it is not illegal for the receiving party to reveal your secret with your permission. These legal exceptions exist with or without agreement, but they are usually contained in a contract in order to make everyone understand that this information is not considered a trade secret. A common NOA (also known as bilateral NOA) transmits confidential information in both directions. In this agreement, both parties act as parties to the publication and reception. PandaTip: The “compensation” section of this model prevents the seller or subcontractor from suing you for damages for any reason. In the process of negotiating and drafting the contract, you and the other party can make oral or written statements.

Some of these statements manage to enter into the final agreement. Others don`t. The integration rule verifies that the version you signed is the final version and that none of you can rely on instructions that have been made in the past. That`s right! In the absence of an integration rule, it is possible that each party may assert rights on the basis of promises made prior to the signing of the agreement. Your relationship with the receiving party is usually defined by the agreement you sign. For example, an employment, licensing or investment agreement. For a stranger, it may seem like you have a different relationship, for example. B a partnership or joint venture. It is possible that an unscrupulous company will try to take advantage of this appearance and make a third-party deal. In other words, the receiving party can claim to be your partner to gain an advantage from a distributor or a sub-licensed. In order to avoid liability for such a situation, most agreements contain a provision such as this, which excludes any provision other than that defined in the agreement.

We recommend that you include such a provision and ensure that it is adapted to the agreement. If you use it z.B in an employment contract, remove the reference to employees. If you use it in a partnership agreement, you insert the reference to partners, etc. All communications relating to this confidentiality agreement are made in person, by mail or by authenticated letter to the indi addresses