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5 Reasons Why Your NDA is Not Enough

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An NDA won’t protect your confidential information if you breach certain legal principles. Here are the top 5 reasons why you cannot rely on a legal agreement alone to protect your confidential information.

Read the related blog post here:
https://everynda.com/blog/5-reasons-nda-not-enough/

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5 Reasons Why Your NDA is Not Enough

  1. 1. 5 reasons why your NDA is not enough
  2. 2. Reason 1: Your NDA could be invalidated Reason 1:
  3. 3. 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.
  4. 4. It's hard to prove unauthorized disclosures Reason 2:
  5. 5. It's hard to prove that someone has made an unauthorized disclosure of your confidential information, especially if the evidence has been destroyed.
  6. 6. Lawsuits are expensive Reason 3:
  7. 7. 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.
  8. 8. It's difficult to prove the monetary value of your loss Reason 4:
  9. 9. 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.
  10. 10. You may find unexpected results Reason 5:
  11. 11. 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.
  12. 12. What can you do to improve?
  13. 13. Apply for other supporting legal protection
  14. 14. 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.
  15. 15. Limit disclosures
  16. 16. Whenever possible, avoid unnecessary disclosures and keep your secrets to yourself.
  17. 17. Have good procedures in place
  18. 18. To protect your confidential information, you should have adequate procedures in place, supported by good training for those handling the confidential information.
  19. 19. Only work with trustworthy parties
  20. 20. 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.
  21. 21. 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.

An NDA won’t protect your confidential information if you breach certain legal principles. Here are the top 5 reasons why you cannot rely on a legal agreement alone to protect your confidential information. Read the related blog post here: https://everynda.com/blog/5-reasons-nda-not-enough/

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