Non-Disclosure Agreement (NDA)
Let our Norcross corporate law attorneys assist you in drafting a valid and enforceable non-disclosure agreement (NDA).
Non-disclosure agreements (NDAs) have become a standard feature in business transactions and employment contracts. Many businesses in Georgia and across the United States use non-disclosure agreements in an effort to protect their intellectual property and confidential information.
At Zimmerman & Associates, we understand the importance of a carefully crafted NDA to protect your confidential information. Seek the legal counsel of an experienced corporate law attorney to help you draft an enforceable non-disclosure agreement.
What is a Non-Disclosure Agreement (NDA)?
A non-disclosure agreement is a contract by which one party that receives sensitive information from another party (the disclosing party) agrees to keep the information confidential. As its name implies, a non-disclosure agreement prohibits the disclosure of confidential information to third parties.
NDAs are commonplace in employment contracts. Most non-disclosure agreements are made between:
- An employer and employees
- A company and its independent contractors
- Two businesses
What Do Non-Disclosure Agreements Contain?
A non-disclosure agreement must contain certain provisions and meet specific requirements to be deemed valid in the state of Georgia. That is why it is vital to contact a skilled attorney to help you draft an enforceable NDA.
To be valid, an NDA must specify the following:
- The confidential information that the disclosing and receiving parties intend to share;
- The protection period (the amount of time for which non-disclosure is legally required); and
- The requirements that the disclosing and receiving parties must meet.
If the receiving party violates the terms of the non-disclosure agreement, they can face a legal action for a breach of contract.
When Do Businesses Use NDAs?
Typically, businesses use non-disclosure agreements when they want to prevent their confidential information from being disclosed by those who have access to that information.
A business may use an NDA to protect the following types of sensitive information:
- Customer information
- Trade secrets
- Intellectual property
- Sales/marketing plans
- Industry-specific data
- Operational information
- Inventory information
- Employee data
What Happens if Someone Breaches an NDA?
Non-disclosure agreements are governed by contract law. State law does not impose any penalties for breaching an NDA or any contractual obligations. However, a breach of an NDA allows the non-breaching party to sue the breaching party to recover damages.
When a non-disclosure agreement has been violated by one of the parties, the breaching party can be held liable for the breach. Typically, the penalties for violations of an NDA are included in the agreement.
In order to recover damages for a breach of a non-disclosure agreement, the non-breaching party must be able to prove that the agreement was violated by the other party.
Contact a Norcross Non-Disclosure Agreement (NDA) Attorney
If you need help drafting a non-disclosure agreement, do not hesitate to contact our Norcross NDA attorneys at Zimmerman & Associates. Our knowledgeable and experienced corporate law attorneys are committed to helping you protect your confidential information from disclosure and holding non-compliant parties liable for violating their contractual obligations.
Schedule a consultation with our non-disclosure agreement attorneys by calling (770)-350-0100.