Tampa Non-Disclosure Agreement Attorney

If you have a product prototype, trade secrets, or other important business information you want to protect, you can require independent contractors and employees who work for you to sign a non-disclosure agreement. These legal documents help to protect the most important information used in your business. Non-disclosure agreements are not always valid, though, and can be struck down by the courts, leaving your business unprotected. Below, our Tampa non-disclosure agreement attorney explains more.

What are Non-Disclosure Agreements?

Non-disclosure agreements are legally enforceable contracts that establish a confidential agreement between you as an employer and an employee, partner, or independent contractor. These documents are also often referred to as confidentiality agreements or confidentiality disclosure agreements. Also known as NDAs, these contracts are typically used by businesses to protect the proprietary information within the company.

An NDA usually includes a description of the information that is to be protected, as well as the length of time the agreement lasts. NDAs also do not typically cover information that is available to the public such as company phone numbers or addresses. When an NDA does not contain this information, or the courts find it unreasonable, the contract will not be enforced.

When Can Employers Enforce Non-Disclosure Agreements?

If a court finds that an NDA places too much of a burden on the employee or independent contractor, a judge can limit its terms. Courts will not only consider the time restraints but also if the confidential information has been clearly described. The court will also consider if the contract outlines the consequences of a breach of the agreement.

Any time there is a violation of the terms of the agreement, it is possible to enforce it. Most often, NDAs are breached because an employee, partner, or independent contractor shared confidential information with someone outside of the scope of the agreement. NDAs are legally binding so long as they are reasonable and employers can file a lawsuit for damages, as well as to force the offending party to cease and desist any behavior that violates the contract.

Employers can obtain damages for any loss they suffered as a result of the breach of the NDA. These can include recovery for loss of business or other costly business interruptions, as well as the payment of legal fees for enforcing the NDA. In some cases, punitive damages may also apply if they are outlined in the contract. These damages are not meant to compensate employers as other types are. Instead, they are meant to punish the offending party and deter them from behaving in such a way in the future.

Our Non-Disclosure Agreement Attorney in Tampa Can Draft Your Contract

You may need to draft an NDA to protect your business, but you also have to make sure it is enforceable. At BBDG Law, our Tampa non-disclosure agreement attorney can review the facts of your case and draft a contract that is reasonable and enforceable so your business interests are protected. Call us today at (813) 221-3759 or fill out our online form to schedule a consultation and to learn more.