Companies generally enter into confidentiality agreements to protect private information, intellectual property or business activities. In the event of a breach of contract, the party responsible for the infringement will have to deal not only with legal actions, but also with other reputational challenges, such as. B: The issue of confidentiality agreements and non-solicitation clauses was revealed in the recent case of Stress-Crete Limited/. Harriman, published May 6. Stephen Harriman was an employee of Stress-Crete Limited and King Luminaire Company, Inc., an industrial lighting company based in Burlington, Ont. The question was whether he had breached his obligations to compete, not to invite and to confidentiality his employment contract. Harriman, the U.S. Northeast and Canadian sales manager, resigned in October 2018 and accepted an offer to sell with Cyclone Lighting, a direct competitor to Stress-Crete. It is also important to ensure that who can obtain confidential information in order to promote the authorized or specific objective should be determined. It is often necessary to pass on information to employees or professional consultants (or even to sources of funding, related companies or sponsors, etc.), but this should be considered on a case-by-case basis. Ideally, these recipients are identified by name, but should be identified at least by class and always on a “need to know” basis. Parties should be aware of the confidentiality obligations that must be imposed on these third parties in order to obtain confidential information. Workers may be subject to confidentiality obligations as part of their employment contracts.
There are a number of ways to manage the disclosure of professional advisors: a) they could be invited to become members of an NDA, b) they might only have to agree to keep the information confidential, or c) the parties may simply rely on service secrets imposed on them by their professional board of directors. Disclosure parties should endeavour to ensure that the recipient party assumes responsibility for breaches of confidentiality by employees, consultants, related companies and other necessary recipients, although this request may be categorically rejected by the recipient party. Properly managing the consequences of a breach of confidentiality is not the ideal way for a company to invest its time and financial resources. At Peninsula Canada, our experienced rhenum and health and safety advisors can help you avoid these frequent and costly business mistakes. Call us today: 1 (833) 247-3652. The description of the invention is deliberately not mentioned in the contract to ensure that the contract is signed and that the appraiser is subject to the duty of confidentiality before the information relating to the invention is disclosed. Sometimes the simple description of the invention would allow someone else to steal your idea. A non-disclosure agreement (NDA), also known as a confidentiality or confidential disclosure agreement, is a two-party legal agreement that describes confidential information, knowledge or information that the parties wish to share for evaluation purposes, but which wish to restrict the wider use or dissemination. It is a contract by which the parties agree not to disclose the information covered by the agreement. An NDA creates a confidential relationship between the parties in order to protect any type of confidential information and owners or trade secrets.
Therefore, an NDA protects non-public business information and, when the information is disclosed, the victim can invoke a breach of contract. Depending on the circumstances of the breach of confidentiality and the impact it has had on the company, the employer may even file a complaint. Parties should also consider the duration of information that must remain confidential. Any revealing party would prefer to keep its information confidential forever. As a general rule, confidentiality rules in business transactions are maintained for about two years.