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Confidentiality agreements/ NDAs

At Libra Solicitors we believe that implementing policies that effectively protect the sensitive information they possess, should be high on the list of the priorities of all businesses. Unfortunately breaches of confidentiality do occur and there are many examples of how it can happen. Through accidental disclosure for example, or through theft.

When breaches do occur do the effect can be significant and confidence in the business affected can quickly wane as the business loses its competitive edge over the competition. Even an accidental breach can have a catastrophic effect on the commercial organisation involved.

If your business has suffered a breach of confidentiality, our expertise could help you quickly take action to limit the impact of the breach and obtain proper and appropriate restitution. For a confidential discussion in respect of your business needs, call us on 01223 632420 and arrange an appointment.

A preventative approach

One way that businesses can take a preventative approach to protecting their information, is to use confidentiality agreements or as they are otherwise known, Non-Disclosure Agreements (NDAs).

NDAs help limit the risk of an unauthorised disclosure of sensitive information and they are used in business to limit risk and prevent breaches of confidentiality in a wide range of agreements, contracts and policies.

When dealing with outside parties for example, using an NDA allows a business to manage the secure, staged release of sensitive information to the outside party and simultaneously limit the risk of accidental disclosure.

There are clear advantages to implementing a NDA, however some of the advantages only become visible when there is a breach of confidentiality. For a confidential discussion about non-disclosure agreements and how our expertise could benefit your business, call us on 01223 632420 and arrange an appointment. We look forward to hearing from you.

How we can help

Whether we are advising you in respect of specific transactions, or helping you implement longer term policies designed to help ensure that your employees understand the need for confidentiality, we are committed to helping your business protect its interests.

In respect of NDAs, we can provide your business with tailor-made agreements designed to meet the specific needs of your organisation. In drafting an NDA for example, in respect of the transfer of Intellectual Property, we can include a provision that require all parties to enter into arbitration in the event of an alleged breach of confidentiality. Such clauses are particularly useful when the different parties have the intention of continuing business relations.

We could also help your business avoid taking on additional risk or an unnecessary burdens by giving you clear, practical advice in regard of the different issues that should be addressed if your commercial partners require you to sign an NDA.  In such instances, the proposed NDA is likely to contain clauses, such as those that provide for restrictions on the scope of the information to be provided, penalties for breaching confidentiality and should identify for how long the NDA will apply.

Once we receive your instruction, we will thoroughly examine the content and advise you accordingly so your business can achieve an acceptable balance between taking on risk and conducting business.

Litigation

The law provides some protection for information that is confidential, even in situations where no agreement is in place. However, should a breach of confidentiality occur, litigation may provide a route to proper restitution and perhaps just as importantly, prevent further breaches taking place.

For more information about injunctions, and how we can help you if you are involved in or are contemplating litigation in respect a breach of confidentiality, please click a link or call us on 01223 632420 and arrange an appointment.

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