A non-disclosure agreement or a non-disclosure agreement serves to protect the content of the agreement from disclosure to third parties. An employee or junior employee is considered to be a person who performs duties on behalf of another person in exchange for a salary. The contract may be of indefinite duration or of fixed duration, which does not affect the validity of this agreement. 4. The employee shall endeavour to prevent the disclosure of the employer`s confidential information and shall submit it to the security measures normally taken to preserve the confidentiality of their information, with a degree of confidentiality comparable to that of the confidential information received. – In order to facilitate the free exchange of the above information, the Parties agree to enter into this mutual confidentiality agreement, which regulates the modalities of disclosure or prohibition of disclosure of such information 2. By this agreement, he undertakes to treat the information obtained during the exercise of the relationship of subordination as strictly confidential and, in any case, to keep it strictly confidential and not to use it for production purposes. To avoid this, the employer usually protects itself by means of a confidentiality agreement, so that the employee does not disclose information obtained in the performance of his work under the threat of dismissal and another reason for greater harm. – the same employer wishes to regulate the processing of technical and/or commercial information communicated orally or in writing in the manner provided for in this Agreement, without limiting the type of material medium it deems appropriate for the exchange of such information; 1. The employee acknowledges that the employer`s failure to perform or exercise a right under this Agreement shall not be considered a waiver of such rights, and that the sole or partial exercise of such rights shall in no way preclude the possibility of exercising the rights himself at a later date. Purpose of Agreement: In a confidentiality agreement, any type of information that the disclosing party or both parties consider secret may be considered secret. These can be patents, but also know-how, lists of customers and suppliers, materials used, agents and customers, sales and marketing plans.
(5) The arbitrator shall be the sole arbitrator and shall be appointed by the parties or, in case of disagreement, in accordance with the rules of the competent Chamber of Commerce. For the confidentiality agreement to be effective, it must be in force: if the employee is self-employed or self-employed, the rules of a general confidentiality agreement apply, since this document only covers the employment relationship. The confidentiality agreement requires that one or both parties not disclose certain information about the Company. The widespread use of social networks and related chats opens up new risk fronts […] – To this end, it is necessary to establish the specific confidentiality obligations imposed on the receiving party, as set out below; In any case, the parties can terminate this agreement if they wish, but at the same time, they can maintain the obligation of confidentiality, even if the project does not succeed, but the information received must be kept secret. For example, the project envisaged in the agreement does not succeed, but the parties are nevertheless obliged to keep the project secret from third parties. The company ____, having its registered office at ___, registered in the commercial register ___, VAT number, tax code and company registration number: ____, in the person of the pro tempore legal representative Mr. ___; Born in ____, on ______. (hereinafter referred to as “Employer” or “Company”) The confidentiality agreement can be bilateral or reciprocal (signed by two parties, i.e. both parties undertake not to disclose information received from the other party) or unilateral (signed by one party, i.e. one party discloses the information and the other undertakes to keep it in a safe place and not to disclose it to third parties).
Let us now look at the essential elements of the confidentiality agreement: the obligation not to disclose the confidential information that is the subject of the confidentiality agreement is usually accompanied by the provision of particularly severe sanctions in the same contract, such as penalties of large amounts. For this reason, this type of agreement requires the utmost care on the part of the custodian of the business by the entrepreneur, who must pay attention to the content of his communications in a wide variety of contexts, including informal and private. In this regard, the use of social networks requires an even higher level of attention, as any information published in this context is potentially subject to rapid and uncontrolled public dissemination. 6. In the event that the receiving party is requested to disclose confidential information to a judicial, administrative, regulatory or similar authority, or which is required to disclose such information by mandatory law, it shall promptly inform the disclosing party of the conditions of such disclosure and cooperate as much as possible with the disclosing party to comply with the order and maintain confidential information. Duration: The duration of the agreement is determined by the employer. As a rule, this coincides with the duration of the employment contract, i.e. the employee must maintain this obligation throughout the employment relationship. In the event that the contract is for an indefinite period, it is assumed that the employee will never disclose trade secrets. In addition to the end of the contract, additional time may also be granted to ensure that information is not disclosed even if the employment relationship between the parties is interrupted for any reason. The confidentiality agreement is a useful contract in all cases where, during negotiations for the conclusion of another contract or in connection with the performance of a work activity, a party is obliged to disclose to others information about its activity (the so-called know-how) which is of particular economic and competitive importance. (i) they are already publicly available at the time they become aware of me or fall into the public domain for reasons unrelated to my breach of the obligations set forth in this Agreement; One of the most dangerous aspects from this point of view is the fact that social networks often offer an illusory sense of privacy and offer users additional features such as private messaging systems, chat rooms and downloadable applications.
The inherent vulnerability of any computer product and the lack of functional control over the recipient`s use of messages contained in the chat are just some of the aspects where social networks represent a place where confidential information must be treated with extreme caution if you do not want to commit the violation of the confidentiality agreement. Please indicate whether this confidentiality or non-disclosure agreement relates to an employment relationship, i.e.: You sign between the employer and the employee, because if this is the case, you must create another document. Do you need personal help? In the end, you may be able to choose the advice of a lawyer. Protected information is that marked as confidential in the contract or that relating to the contract itself, in which a confidentiality agreement is inserted. Unilateral or bilateral: First, it must be determined whether the obligation of confidentiality rests with one or both parties. In the first case, we are dealing with one party, called disclosure, and the other party, called the recipient, because, as the names suggest, one party will disclose information that is considered secret, and the other party will be the receiving party that is required to maintain the confidentiality of the information received. If, on the other hand, the obligation of confidentiality is bilateral, both parties must comply with the provisions of the agreement. In addition, the parties undertake not only for themselves, but also through all their representatives, to keep the information secret. In this guide, we have seen what are the most important tools for a company to protect its trade secrets and know-how. By signing non-competition clauses, agreements and confidentiality clauses, as well as the possibility of defining documents as secrets, you have the opportunity to protect your secrets, it is especially important to know what your secrets are, to define them as such, and to prepare a whole series of contracts (with third parties, workers, employees) that will allow the complete protection of your know-how.
and avoid significant economic losses and litigation involving long and costly costs. The confidentiality agreement has a very analytical content. Basic contractual clauses include the choice of unilaterality or bilaterality binding one or both parties, the indication of the purpose and duration, which may also be indefinite. Last but not least, the agreement on disclosure to third parties to determine whether the party receiving the information has the right to disclose this data to third parties.