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Now tell me about NDA...
I just wanna hear how many of you who have inhouse or remote employees ask them to sign the NDA?
Have you ever had a case of enforcing one? |
Inhouse? All the time, partners agents/everyone we do business with and even sometimes customers.
Basically it comes down to this, they will not disclose your trade secrets or anything about your company or what you talk about/work on without consent. Working with a outside party? absolutely. this party outside of the USA? gooooood luck enforcing that NDA. |
Inhouse: Everyone is under NDA as a condition of hire. If you are salaried, hourly or 1099. You get an NDA to sign.
Customers - All have a Mutual NDA with the firm. This way both sides are protected as in our biz talks. NDA's are a must. I have had to enforce them several times when people left the firm and attempted to violate the NDA terms. |
That's funny |
Not really. NDA's are kinda useless in the real world.
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We've had to sign them from time to time but 9 out of 10 times the project is something that we've done a thousand times over to begin with . "a tube, but with photo galleries too"...
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yes, we make in-house employees sign one. rarely use contractors, but if we do, we make them sign one too.
its more a threat than anything, but have had to seek legal action against someone in the past. they easily folded, so guess it holds up more than I thought. I actually got sued under a non-compete, but was to general and tossed out of court :1orglaugh |
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They are basically the foundation of a case. A few years back we had an employee in a big position that decided to start his own business, while still taking a paycheck from us.
He was under contract, but after interrogatories,depositions, expert witnesses..and the big one. Determining real damages. We did take him to court. The entire process took 4 years. We did win a 7 figure settlement and put him in bankruptcy. Without the NDA our case would've been much more difficult to win. |
If you ever want to enforce it make it as narrow as possible. Be specific about what they can't disclose or where and when they can't compete. Saying they can't use any information ever anywhere for any purpose doesn't help you at all. Where most companies go wrong is on thinking broader is better.
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I'm being asked to sign it. In more then 12 years it's the 1st time basically.
What would be the best fit for a designer? Any good samples? |
One company response to my question was like:
We never sign NDA?s. Why? Because chances are the perspective client is trying to protect an idea that is not truly unique, one that we have seen before, one that may already exist, and one with functions/ideas that they have copied from someone else. So let me get this right?. you want me to sign a one-sided contract that limits my business opportunities just to gather information to provide you with one of many quotes that your are soliciting for an idea that was inspired by someone/something else? I think not. |
You are confusing a non-disclosure agreement with a non-compete agreement. I've had people ask me to sign non-compete agreements on $300 projects before... I'll limit what we can do for $300k, not for $300.
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the best, is when one company asks you to sign a NDA, then asks you for all 'your old affiliates'
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I'm asked to sign NDA. |
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