Denver Non-Disclosure Agreement Lawyer
A growing number of employees in Denver are being asked to sign non-disclosure or confidentiality agreements before or shortly after being hired at a new company. Non-disclosure agreements protect the interests of businesses and provide some legal recourse should employees or former employees reveal sensitive information. Employers have the right to sue employees who break these agreements. As an employer, it’s crucial to have a non-disclosure agreement that is enforceable under Colorado and federal law.
What is a non-disclosure agreement?
A non-disclosure agreement (NDA) is a legally-enforceable contract which establishes a confidential relationship between a party who holds private information and another party to whom that information will be disclosed. Confidentiality agreements serve three primary purposes:
- Protects sensitive corporate information
- Helps inventors keep patent rights
- Distinguishes between private information and information that is safe to disclose
Protecting Trade Secrets through a Confidentiality Agreement
Individuals who sign non-disclosure agreements promise to keep the information being shared with them a secret. By signing the NDA, they are legally bound to its terms. Thus, if they leak protected information, the injured party can claim breach of contract and sue for damages.
It is up to the parties who draft the confidentiality agreement to determine what specific information should be protected. Common types of information companies consider confidential include:
- Trade secrets
- Information about business operations
- New product designs
- Client information
- Sales and marketing plans
- Software used
- Customer lists
- Passwords
- Supplier lists
- Training materials
- Secret formulas
- Financial information
Non-disclosure agreements must clearly identify protected information. Any information that falls outside of the scope of the NDA may be disclosed. Often, information that may be shared includes anything that is common knowledge or information the employee acquired before signing the agreement.
Provisions to Include in a Strong Non-Disclosure Agreement
Identification of Confidential and Proprietary Information
First and foremost, a non-disclosure agreement must define what is considered confidential and proprietary information. Those who sign the agreement must understand what type of data they may not discuss outside the workplace.
Duration of the Non-Disclosure Agreement
Companies may consider setting a limit indicating the amount of time for which the information must be kept secret. NDAs typically include a term of one or more years during which employees may not disclose the protected information.
Exceptions to the Agreement
Non-disclosure agreements often feature a list of situations in which disclosure of confidential information may be acceptable.
When should a company issue a non-disclosure agreement?
Companies of all types and sizes rely upon non-disclosure agreements to protect their day-to-day operations and competitive advantages. An NDA might be helpful in your case when:
- Presenting business models to a venture group for funding
- Planning on developing a new tool
- Protecting information about clients or customers
- Protecting medical information and test results
- Keeping unfavorable information under wraps
An NDA is a simple solution for businesses seeking to protect sensitive information. Make sure your confidentiality agreement holds up in court by working with an experienced contract attorney in Denver.
Denver Employment Attorney Drafts Smart, Fool-Proof Non-Disclosure Agreements
Denver-based employment lawyer Nathan Davidovich of Davidovich Law Firm, LLC works with employers to help them create non-disclosure agreements that comply with state and federal laws. He has more than 55 years of experience practicing employment law in Colorado and can ensure your next non-disclosure agreement protects the most sensitive corporate information effectively. Contact Nathan at 303-825-5529 or complete our contact form.
The Davidovich Law Firm holds a 2015 Clients’ Choice Award for their outstanding services and has a 100% Client Recommended Review on Martindale.com, the premier rating service for attorneys.
