Confidentiality Agreements

Confidentiality agreements are contracts in which the signing party agrees not to disclose certain information about another party. Such agreements, also known as non-disclosure agreements or secrecy agreements, are often part of employment contracts. Employers require their employees to sign this type of agreement promising not to disclose certain information.

Confidentiality agreements are not always enforceable. If the information is already publicly available, it cannot be protected. If a third party publicly reveals the protected information, it will likely no longer be considered secret. Or, if the information was developed or discovered by a third-party to the agreement, then the agreement has not been violated. Confidentiality agreements may also be subject to the statutory provisions governing non-compete agreements and other restrictive covenants. Further, some matters are protected even without a confidentiality agreement, under Florida’s Trade Secrets statute.

Confidentiality of data has become critical in an age when massive amounts of information may be easily transmitted outside a company. Federal statutory protections exist to prevent the taking of such information, and injunctions may be obtained quickly under those statutes to prevent piracy of appropriate data. A well-drafted confidentiality agreement is key to avoid unnecessary litigation and protecting confidential information.

If you are drafting a confidentiality agreement, or challenging the terms of an agreement which you signed, Delegal Law Offices will guide you through the complicated legal process so that you will be able to protect your legal rights. We can also help you enforce or challenge such agreements, if necessary.

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