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NDA not enough to protect
confidential information
Sometimes, during these meetings, details of confidential
information have to be revealed in order to progress your
objectives.
Non-disclosure agreements (NDAs) are an excellent legal tool to
help provide some protection for any confidential information that
you may have to share in such meetings, in addition to other
intellectual property protection options such as patents and
copyrights.
What steps should you take to protect
confidential information?
Step 1: Read the NDA
Make sure that you understand the terms and consequences of any
NDA that you use and/or sign.
If you don’t wish to use a marking procedure for your confidential
information, i.e. all information marked as "Confidential" is
confidential, then don’t include this requirement in your NDA.
Step 2: Make sure your definition of confidential
information matches your information
Make sure that your definition of confidential information fits the
information that you intend to share.
If you do intend to mark your confidential information as "Confidential,"
then consider inserting a clause that states that your confidential
information needs to be kept confidential anyway and not misused, even
if you omit to mark or confirm in writing.
Step 3: Have good procedures in place for marking
information as "Confidential"
Marking confidential information is indeed helpful for clear identification
of confidential information, but it can be burdensome.
Also, if in doubt, it makes more sense to mark a piece of information as
confidential rather than to allow confidential information to be disclosed
without protection. The consequences are much worse in the second
option.
Step 4: Mark your presentation directly
Customer Lifetime Value in Digital Marketing (1) where the words
“Confidential & Proprietary” are used in the whole presentation’s index:
Sarawak Energy (2) 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:
(1) Link to http://www.slideshare.net/mediocz/customer-lifetime-value-in-digital-marketing?qid=a919f41c-5e7d-4e26-9596-b00ee8a94532&v=&b=&from_search=22
(2) Link to http://www.slideshare.net/altugauw/sarawak-energy-confidential?qid=a919f41c-5e7d-4e26-9596-b00ee8a94532&v=&b=&from_search=28
NDA Not Enough to Protect Confidential Information
NDA Not Enough to Protect Confidential Information
Step 5: Regularly review your procedures to ensure
compliance
Because of this, it’s important that you review your procedures with
members of your staff periodically to ensure compliance with the
terms of your NDA.
The necessity to review your agreement and procedures also apply to
all other types of intellectual property agreements as well.
Step 6: Don't assume that the other party will act
with integrity
Although you should always seek to partner with companies that
operate with integrity, you should also ensure that your intellectual
property rights are properly protected.
There's no guarantee that initial discussions will result in a future
working relationship together.
NDA Not Enough to Protect Confidential Information

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NDA Not Enough to Protect Confidential Information

  • 1. NDA not enough to protect confidential information
  • 2. Sometimes, during these meetings, details of confidential information have to be revealed in order to progress your objectives. Non-disclosure agreements (NDAs) are an excellent legal tool to help provide some protection for any confidential information that you may have to share in such meetings, in addition to other intellectual property protection options such as patents and copyrights.
  • 3. What steps should you take to protect confidential information?
  • 4. Step 1: Read the NDA Make sure that you understand the terms and consequences of any NDA that you use and/or sign. If you don’t wish to use a marking procedure for your confidential information, i.e. all information marked as "Confidential" is confidential, then don’t include this requirement in your NDA.
  • 5. Step 2: Make sure your definition of confidential information matches your information Make sure that your definition of confidential information fits the information that you intend to share. If you do intend to mark your confidential information as "Confidential," then consider inserting a clause that states that your confidential information needs to be kept confidential anyway and not misused, even if you omit to mark or confirm in writing.
  • 6. Step 3: Have good procedures in place for marking information as "Confidential" Marking confidential information is indeed helpful for clear identification of confidential information, but it can be burdensome. Also, if in doubt, it makes more sense to mark a piece of information as confidential rather than to allow confidential information to be disclosed without protection. The consequences are much worse in the second option.
  • 7. Step 4: Mark your presentation directly Customer Lifetime Value in Digital Marketing (1) where the words “Confidential & Proprietary” are used in the whole presentation’s index: Sarawak Energy (2) 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: (1) Link to http://www.slideshare.net/mediocz/customer-lifetime-value-in-digital-marketing?qid=a919f41c-5e7d-4e26-9596-b00ee8a94532&v=&b=&from_search=22 (2) Link to http://www.slideshare.net/altugauw/sarawak-energy-confidential?qid=a919f41c-5e7d-4e26-9596-b00ee8a94532&v=&b=&from_search=28
  • 10. Step 5: Regularly review your procedures to ensure compliance Because of this, it’s important that you review your procedures with members of your staff periodically to ensure compliance with the terms of your NDA. The necessity to review your agreement and procedures also apply to all other types of intellectual property agreements as well.
  • 11. Step 6: Don't assume that the other party will act with integrity Although you should always seek to partner with companies that operate with integrity, you should also ensure that your intellectual property rights are properly protected. There's no guarantee that initial discussions will result in a future working relationship together.