An NDA (non-disclosure agreement) can protect confidential information disclosed over email if it includes email in the definition of confidential information. Best practices for emailing confidential information include adding "CONFIDENTIAL" to the subject line and attachments, including automatic disclaimers, encrypting emails, and having recipients sign an NDA beforehand. The NDA should also specify obligations for employees and after the relationship ends, such as deleting emails and providing a deletion certification.

1. Can one NDA protect
confidential information
disclosed by email

2. The most common way to do protect information, either shared through
email or not, is by using a non-disclosure agreement (NDA).
Confidential information can include documents, designs, sketches,
analyses, source codes and marketing plans.
Protecting your confidential information is especially important if you
intend to disclose any trade secrets.
Here's an example of a clause from Coca-Cola describing what consti-
tutes a trade secret (1):
(1) http://www.wikinvest.com/stock/Coca-Cola_Company_(KO)/Agreement_Confidentiality_Non-competition_Non-solicitation

3. (b) "Trade Secret" means any information, including a
formula, pattern, compilation, program, device, method, technique,
or process, that (i) derives independent economic value, actual or
potential, from not being generally known to, and not being readily
ascertainable by proper means by, other persons who can derive
economic value from its disclosure or use and (ii) is the subject of
efforts that are reasonable under the circumstances to maintain its
secrecy; and

4. Using email disclosures
If you choose to make confidential disclosures through email,
your NDA agreement can provide legal protection for these
email disclosures if you provide for email disclosures in the
scope/definition of confidential information in your agreement
that you'll sign.
Although it does happen, you should always ensure that you
get the other party to sign your NDA agreement before you
email over any confidential information to ensure that the
other party is formally notified of the requirement for
confidentiality.

5. Best practices
- Include automatic confidentiality disclaimers in all your emails
Warn the Receiving Party in advance
- Insert “CONFIDENTIAL” in the subject line of your email
- Attachments should be marked as “CONFIDENTIAL”
- Confidentiality obligations for employees, contractors
and third parties
- Encryption software
- Invest in anti-virus software
- Request that Parties delete emails after reading
- Obligations after termination of relationship

6. Although this strategy is not foolproof, it will at least create awareness
amongst the recipients of your email about the need for confidentiality.
Here are some good examples for different situations from My Signa-
tures Online (2):
(2) http://www.policypatrol.com/
Include automatic confidentiality
disclaimers in all your emails

7. 1. Extensive external disclaimer:
Note: Privileged/Confidential information may be contained in this message and may be subject to legal privilege. Access to this e-mail by anyone other than the
intended is unauthorised. If you are not the intended recipient (or responsible for delivery of the message to such person), you may not use, copy, distribute or
deliver to anyone this message (or any part of its contents) or take any action in reliance on it. In such case, you should destroy this message. and notify us
immediately. If you have received this email in error, please notify us immediately by e-mail or telephone and delete the e-mail from any computer. If you or your
employer does not consent to internet e-mail messages of this kind, please notify us immediately. All reasonable precautions have been taken to ensure no viruses
are present in this e-mail. As our company cannot accept responsibility for any loss or damage arising from the use of this e-mail or attachments we recommend
that you subject these to your virus checking procedures prior to use. The views. opinions. conclusions and other informations expressed in this electronic mail are
not given or endorsed by the company unless otherwise indicated by an author,. representative independent of this message.
2. External disclaimer:
This message is confidential. It may also be privileged or otherwise protected by work product immunity or other legal rules. If you have received it by mistake.
please let us know by e-mail reply and delete it from your system: you may not copy this message or disclose its contents to anyone. Please send us by fax any
message containing deadlines as incoming e-mails are not screened for response deadlines. The integrity and security of this message cannot be guaranteed on
the Internet.

8. Warn the Receiving Party in advance
You should also warn the Receiving Party in advance to expect your
email before you email them highly confidential stuff.
A simple email to the Receiving Party in advance and asking them to ac-
knowledge receipt of your confidential email should suffice.

9. Insert “CONFIDENTIAL” in the subject line
of your email
Make it a practice to include the bold word “CONFIDENTIAL” in the
subject line of all your emails containing confidential information.
If the content of your email consists of both a combination of ordinary
and confidential information, you may want to make an extra marking
of “CONFIDENTIAL” next to information or paragraphs that are
confidential to differentiate them from ordinary information.

10. Attachments should be marked as
“CONFIDENTIAL”
If you intend to include attachments that are confidential, you can in-
clude the word “CONFIDENTIAL” in the naming of the attachment
itself.
Here are some examples from SlideShare presentations that contain
confidential information and how the creators are marking this.

11. Customer Lifetime Value in Digital Marketing (3) where the words
“Confidential & Proprietary” are used throughout the whole presen-
tation’s index:
and
Sarawak Energy (4) where the word “Confidential” is included in
the title of the presentation and in the index of the presentation
itself, the words “Private & Confidential - Do not duplicate or
distribute without written permission” is used:
(3) http://www.slideshare.net/mediocz/customer-lietime-value-in-digital-marketing?qid=a919f41c-5e7d-4e26-9596-b00ee8a94532&v=&b=&from_search=22
(4) http://www.slideshare.net/altugauw/sarawak-energy-confidential?qid=a919f41c-5e7d-4e26-9596-b00ee8a94532&v=&b=&from_search=28

12. Customer Lifetime Value in Digital Marketing
1. Confidential 8, ProprietaryConfidential & Proprietary Customer
Lifetime Value in Digital Marketing DATA restart. 22. 4. 2016 Pavel
Jašek (@paveljasek)
2. Confidential & Proprietary CLV: The Holy Grail of Customer Centricity
3 Confidential & Proprietary “Customer centricity is a strategy that aligns
a company's development and delivery of its products and services with
the current and future of a select group of customers in order to maxi-
mize their long- term financial value to the firm”
4. Confidential & Proprietary Focusing on profitable customers % of
Total Customers (sorted by profit) %ofTotalProfit ID 123 When there is a
large heterogenity in your customer base in temis of profits that your
customers bring you or losses you can count. you need to focus on
selecting such segments. Create a Pareto chart like this using Tableau.
5. Confidential & Proprietary “Customer Lifetime Value (CLV) is the
present value of the future (net) cash flows associated with a particular
customer ” “Customer Equity is the sum of customer lifetime values
across a firm's entire customer base” noca.cz/clvbook
6. Confidential & Proprietary When a telco company acquires a custom-
er. cash flow for next 2 years is easily predictable
7. Confidential & Proprietary When an e-commerce acquires a custom-
er. how can you predict future profit?
8. Confidential & Proprietary How easily can you predict customer
behavior? History Present Future Customer 1 Customer 2 Customer 3
Transactions in the learning period
9. Confidential & Proprietary E-commerce settings Focus on end
customers (B2C) Non- contractual settings Non-membership status
Always-a-share (vs. lost-for-good) Continuous buying Variable-spending
environment Partial identification possibilities

13. Sarawak Energy Confidential (PPT)
1. China — ASEAN Power Coorporation 8, Development
Forum Nanning, Guangxi, China 28th - 29th October 2007
“Chinese Power Plants in Malaysia — Present & Future
Development" by Tan Sri Datuk Amar Abdul Aziz Husain
Group Managing Director Sarawak Energy Berhad
2. Locality Kuching - Nanning SEB China-ASEAN Power
Coorporation & Development Forum China- Chinese Power
Plants in Malaysia — Present & Future Development Slide
No. 2 28 — 29 October 2007. Nanning, China Nanning,
Private & Confidential - Do not duplicate or distribute
without written permission.
3. Friendship Park (Taman Sahabat) SEB Statute of
Admiral Zheng He Malaysia-China Friendship Globe Orang
Utan-Panda Bench China-ASEAN Power Coorporation &
Development Forum China- Chinese Power Plants in
Malaysia — Present & Future Development Slide No. 3 28
— 29 October 2007. Nanning, China Nanning, Private &
Confidential - Do not duplicate or distribute without written
permission.

14. Confidentiality obligations for employees,
contractors and third parties
Here's an example of a clause in a Mutual Non-Disclosure Agreement
from the website NewAppIdea (5):
(5) http://newappidea.com/

15. 3. Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential
Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party.
Receiving Party shall carefully restrict access to Proprietary Information to employees,
contractors and third parties as is reasonably required and shall require those persons to sign
nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall
not, without prior written approval of Disclosing Party, use for Receiving Party's own benefit,
publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to
the detriment of Disclosing Party, any Proprietary Information. Receiving Party shall return to
Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its
possession pertaining to Proprietary Information immediately if Disclosing Party requests it in
writing.

16. Encryption software
Encryption allows you to hide confidential information that you send
over the internet.
Both you and the other party would need to install security certif-
icates on your computers and provide each other with a public key
which are a string of characters, before you can start sending each
other encrypted messages.
For more information about encryption and how to do it on your
own, see this article by PC World on How To Encrypt Your Email (6).
(6) http://www.pcworld.com/article/254338/how_to_encrypt_your_email.html

17. Invest in anti-virus software
There are many different types of anti-virus software on the
market. The popular ones are Norton Security (7), McAfee (8) and
AVG (9)but there are a lot of other capable players on the market
now as well. You should do your research to find one that suits you
if you haven’t got one already.
(7) http://us.norton.com/norton-security-antivirus
(8) http://www.mcafee.com/us/index.html
(9) http://www.avg.com/eu-en/homepage

18. Obligations after termination of relationship
For example, you may wish them to return all physical copies of infor-
mation back to you and you may request that they destroy all copies
of information including emails and folders containing your confidential
information and to provide you with evidence that they have done so.
Here's an example of kind of clause from Accuride Corp’s Confidenti-
ality and Non-Disclosure Agreement: (10)
(10) http://www.accuridecorp.com/files/2012/09/ConfidentialityNondisclosureAgreement.pdf

19. 9. OWNERSHIP AND RETURN OF CONFIDENTIAL INFORMATION. All Confidential Information
disclosed to Recipient shall be and remain the property of Accuride. Upon Accuride's written request,
Recipient shall promptly return all Confidential Information (including all originals, copies, reproductions
and summaries of such Confidential Information), or certify its destruction in writing, and keep the same
confidential and secret in accordance with this Agreement.

20. Can one NDA protect
confidential information
disclosed by email
http://www.everynda/blog/can-one-nda-protect-confidetial-information-disclosed-by-email

21. Credits
Icon from slide 1 created by icon 54 from Noun Project.