The practice of signing a confidentiality agreement shows that this person, physically or legally, ensures the security of information and ensures the health of his business or business strategy and wishes to deal with this in the most transparent way possible with his trading partners in order to confer greater credibility on his transactions. 1 TRINDADE, Juliana Xavier da. What is the meaning of a confidentiality agreement? In: Juridoc. July 5, 2017.Available at: . Access: 13 July 2020. Save my data in this browser for the next time I comment. This means that the franchisor opens all the secrets, and this must be protected in one way or another. From the pre-contract negotiation and negotiation phase, you can provide confidentiality clauses. However, it must be clear that this is not the case with the application of the NDA. This agreement is certainly mandatory to guarantee the company`s competitive advantage. There is no doubt that an NDA is essential for your business to maintain a strategic position in the market and to ensure competitive advantages.
The confidentiality agreement can be concluded in different situations to protect different types of information. Among many information, the NDA can guarantee the non-disclosure of: for this, the NDA, also known as the concept of confidentiality. It can be applied to employees, suppliers and customers, for example. B to a separate document or a clause in the contract. In its form, it is recommended that the instrument of the confidentiality agreement be as specific as possible, and in order to do so, it is important that it includes certain formalities, such as: despite the absence of provisions in the legislation, the confidentiality agreement has been recognized in the Brazilian justice system, according to the following case law: Given the great movement and ease of obtaining information in the present time , it is becoming more and more common to leak information and documents that are often confidential. Here are some examples of what should be predicted in its concept of confidentiality: confidentiality agreements (NDA) in startups, by Lucas Pacheco Vieira, Pablo Augusto Lima Mouréo and Alexandre Carter Manica – click here. Law and contract as sources of confidentiality, by André Soares Oliveira – Click here. Civil liability in preliminary contract hearings, by Daisy Lucchesi – Click here. And the questions you ask yourself when you see that a competitor`s work is being sold at a very low price: “How can it make money?” Any person of public or private law can use the NDA as an instrument to protect information. They are usually signed when two companies or individuals are considering doing business together and must understand the process used in each other`s business only to assess the potential of a business relationship. NDAs may be “reciprocal,” meaning that both parties are subject to restrictions on the use of the materials provided or may limit one of the parties. That is, it is a legally applicable document as a contract, which ensures that all strategic data of the company must remain confidential and confidential in the market.
The contract should state at the end in which county this contract is concluded. Thus, in a city, a court is set up for the prosecution trial, if necessary. The contracting party therefore undertakes not to disclose the information to which it will have access during a given project or for a specified period of time. If both parties agree to keep it confidential, it is designated as a bilateral or reciprocal agreement. The confidentiality agreement is a document between two parties that aims to protect the party`s strategic data.