A confidentiality agreement, also known as a non-disclosure agreement, is an agreement between two parties in a situation where either or both parties have to share confidential information with the other. The confidentiality agreement prohibits them from disclosing such information to anyone else. Signing a confidentiality agreement binds the person or entity legally in a pact of non-disclosure.
Every organization or individual has certain confidential details that they only share with certain stakeholders. These may be trade secrets, financial information, personal details, passwords, or something else. It may be difficult to do business without sharing some of this confidential information with stakeholders. But trusting them with this information on word of mouth alone is neither wise nor acceptable.
Allen, Dyer, Doppelt & Gilchrist, P.A, Florida, discusses why it is so important to have an employee confidentiality agreement signed when you are hiring a new employee. Allen, Dyer, Doppelt & Gilchrist, P.A, is one of the largest Intellectual Property Law firms in Florida helping technology start-ups, inventors, entrepreneurs, and small to mid-sized companies with their services.
Why a formal confidentiality agreement?
It is good to trust your employees, says the law firm. But it is also important to keep a lid on confidential and sensitive information legally. Having a written confidentiality agreement that is signed by all parties makes the transaction trustworthy and prevents the theft of any intellectual property or leakage of crucial information.
Though your employees may have no intention of disclosing sensitive information to anyone outside the company, in the rare case that someone does breach this agreement, they will be liable for legal action. The penalty for breaking the agreement is mentioned in the agreement document itself, so a stakeholder signing the agreement will be fully aware of what they are agreeing to.
An employee confidentiality agreement will not only educate your employees about which information is to be kept confidential and clarify your intellectual property rights. It will also act as a psychological deterrent, according to the intellectual property lawyers at Allen, Dyer, Doppelt & Gilchrist, P.A. Simply knowing that they could be sued for it, will prevent employees from divulging any confidential information.
What should a confidentiality agreement include?
Allen, Dyer, Doppelt & Gilchrist, P.A. suggests what you should consider including in an employee confidentiality agreement in Miami Beach. According to the law firm, a well-drafted confidentiality agreement should answer the following questions –
- Who are the parties involved?
- What company information or intellectual property is confidential?
- When does the agreement get into effect?
- Till when is the agreement in force?
- What are the implications of a breach of the agreement?
- What kind of information is not considered confidential?
The reputed law firm also says that an employee confidentiality agreement in Miami Beach, or anywhere else for that matter, must be very specific. It should leave no scope for ambiguity or misinterpretation. Any legally binding document must be written in a way that it can be used in the court of law as evidence if the need arises. And the same goes for confidentiality agreements too.
If you are looking for assistance drafting a flawless employee confidentiality agreement in Miami, get in touch with Allen, Dyer, Doppelt & Gilchrist, P.A. They have been successfully helping clients in intellectual property rights and related fields over the years.
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