Chicago Confidentiality and Nondisclosure Agreement Attorneys
Most businesses generate valuable insider information, corporate secrets and other sensitive company data. Protecting that information from disclosure to competitors and the public is vital to maintaining profitability. When your company hires or terminates an employee, you can protect that information by way of confidentiality agreements or non-disclosure agreements (NDAs). NDAs and confidentiality agreements are extremely useful tools for protecting critical business information, but there are strictures about how they can be used and when they can be enforced.
To protect your company’s vital secrets, you need to work with a knowledgeable confidentiality agreement lawyer. The Illinois employment law attorneys at MacDonald, Lee & Senechalle, Ltd. are ready to assist. We’ll help you draft standard agreements to ensure confidentiality with current employees and non-disclosure of corporate secrets when an employee leaves the company.
Important NDA Terms
An NDA or confidentiality agreement is a legally binding contract that governs the sharing of information between people or organizations. In the employment context, NDAs limit what information a current or former employee can share with other parties, other employers, or the public. The agreement creates a confidential relationship between the employer and employee, setting terms on what information the employee is prohibited from disclosing and what the consequences of breach might entail.
NDAs come in a variety of forms and styles, but certain terms are key to any confidentiality agreement. The confidentiality agreement lawyers at MacDonald, Lee & Senechalle, Ltd. can help you draft a comprehensive, legal, and enforceable NDA that sufficiently protects your valuable data. Some invaluable key terms that any NDA should cover include:
- The parties to the agreement
- A definition about what types of information is considered confidential
- Details on the permitted and prohibited use of that information
- Arbitration and choice of law provisions to govern disputes
- The duration of the confidentiality obligations
- Return of confidential materials
- Remedies and damages should the contract be breached
Limitations on NDA Terms
When drafting an NDA, it’s important to know what types of information can and cannot be protected, as well as other legal limits on NDAs that can affect enforceability. NDAs can be used to protect a wide range of information – everything from trade secrets to legal disputes. There are limits, however.
NDAs cannot be used to protect certain types of information, including:
- Information that is a matter of public knowledge
- Information the employee already possessed prior to employment or that they gained from outside sources
- Information that is common knowledge in a field
NDAs cannot be used to protect a company committing illegal acts. Employees can blow the whistle on criminal or unlawful acts without fear of retaliation, despite signing an NDA. NDAs also cannot be used to stop an employee from filing sexual harassment or other employment law violations to government agencies.
It’s important to carefully limit the scope of the NDA. If “confidential information” is left undefined, or if the definition is too broad or vague, the agreement might not be enforceable. Moreover, there should be a time limit for nondisclosure. Certain types of information can be protected during employment and shortly thereafter but should have an end date. Trade secrets and other exceptionally valuable information can be kept confidential for a longer period.
A knowledgeable Illinois confidentiality agreement lawyer can help you craft NDAs that offer maximum protection while maintaining enforceability.
Reach Out Today For Seasoned Advice and Representation Regarding Illinois Confidentiality Agreements
Confidentiality agreements protect an employer’s vital trade secrets and other valuable data. It is vital to determine if an agreement will stand up in a court of law, and to ensure that your rights remain protected by the contract you sign. Contact a confidentiality agreement lawyer from MacDonald, Lee & Senechalle, Ltd. for assistance in drafting and enforcing your Illinois employment contracts and confidentiality agreements, in Hoffman Estates at 847-310-0025, and in Des Plaines at 847-298-5030.
