5 reasons why your
NDA is not enough

Reason 1:
Your NDA could
be invalidated
Reason 1:

You have to be sure that your NDA will
stand up in a court of law, if tested.
NDAs have been known to be declared
invalid, or certain terms declared illegal
if they contradict the law.
If you don’t take actions to support your
NDA, it can still be invalidated.

It's hard to prove
unauthorized
disclosures
Reason 2:

It's hard to prove that someone has
made an unauthorized disclosure of your
confidential information, especially if the
evidence has been destroyed.

Lawsuits
are expensive
Reason 3:

Lawsuits cost a considerable amount
of time, effort and money.
This is part of the reason why you should
take all steps necessary to prevent a
breach happening in the first place.
Such steps include using the NDA in
the first place, limiting disclosures and
implementing necessary precautions
into your workplace.

It's difficult to prove
the monetary value
of your loss
Reason 4:

If the party who breached your NDA is not
a financially stable organization or is an
individual, they may simply not have
the ability to compensate you.
Another factor to consider is the difficulty
in proving the monetary value of your loss.

You may find
unexpected results
Reason 5:

Although it may seem like the law is on
your side, there's always an element of
uncertainty when it comes to court cases.
You may find out that your case ends up
being heard in a jurisdiction that does not
support your position.
For example, California is well-known for
favoring employee creators over their
employers and for supporting business
competitiveness.

What can you do
to improve?

Apply for other
supporting
legal protection

If your confidential information qualifies
for other types of intellectual property
protection such as copyright, trademark
or patentability, you should consider
applying each of these.

Limit
disclosures

Whenever possible, avoid
unnecessary disclosures and
keep your secrets to yourself.

Have good
procedures in place

To protect your confidential
information, you should have adequate
procedures in place, supported by
good training for those handling the
confidential information.

Only work with
trustworthy parties

The very best step is to ensure that you
only share confidential information
with trustworthy, professional parties
that have demonstrated integrity in
their work practices.

Credits
Icon from slide 4 created by Dan Hetteix from Noun Project.
Icon from slide 6 created by Harsha Rai from Noun Project.
Icon from slide 8 created by Vaibhav Radhakrishnan from Noun Project.
Icon from slides 15 and 19 created by Gregor Črešnar from Noun Project.
Icon from slide 17 created by Joseph Augustine from Noun Project.