Should You Sign A Confidentiality Agreement

When the scope of the agreement is defined, it is usually for a few years after the person is no longer employed by the company or under contract with the company. For an NDA that is too inappropriate, the courts may annul the agreement or remove clauses that are too cumbersome. To prevent an NDA from being declared unenforceable due to too wide a width, you can specify the context of the agreement and its terms. For example, a complainant may have been seriously injured due to extreme negligence. The accused wanted to avoid a public trial and a settlement was therefore proposed. During the settlement negotiations, the applicant is informed that he will never be able to discuss the matter publicly. This prevents the applicant from selling the rights to his story or writing a book about what happened. Conversely, it obtains the reputation of the accused and allows him to continue to do what he did. For example, when reports of a transaction or judgment are made public, it can encourage the submission of a number of claims lightly against a company in the hope of settling for quick money.

Keeping at least some privacy can be a smart strategy for defendants. When reviewing a confidentiality agreement, you must ensure that it does not prevent you from fulfilling your legal and professional obligations. For example, it would be inappropriate to sign a confidentiality agreement that could prevent you from fulfilling your obligation to report misconduct or provide information requested by ICAEW committees (as provided for in the Disciplinary Regulations). . . .