All businesses should have a ready to use confidentiality form to protect them from having their information stolen. A confidentiality agreement which is also called a non-disclosure agreement is a business contract between a business and someone else to protect sensitive company information , products, trade secrets as well as propriety systems.
Confidentiality agreements can be made by a business with employees and potential employees as well as with outsiders, like suppliers, outside sales agents, technology firms, or consultants, You can also create a confidentiality agreement if you are buying and selling a business.
A confidentiality agreement must be part of an overall agreement like an employee agreement or a letter of intent for a business deal.
Confidentiality agreements are considered restrictive covenants as they restrict the freedom of an individual.
What language is needed for a confidentiality agreement form?
The following are some sections in a confidentiality agreement form for an employee/employee situation.
1. Date the agreement
2. State the two parties, their relationship (employee/employer) and the reason for the agreement.
3. Include a description of what is not covered by the agreement. This includes information which is not confidential as it may be generally known or becomes available to the public.
4. State the obligation of the employee.
Confidentiality agreements can be thrown out of court if the terms are unreasonable. Some confidentiality agreements can include a clause that states “both parties acknowledge that this agreement is reasonable valid and enforceable”. This intends to keep a state from declaring the agreement unreasonable.
You should always get help from an attorney when preparing the form. This form is complicated and will need to be done properly in order to protect your business. Every business is unique and you should do your best to make sure that your business is protected.