NDAs can be unilateral (unilateral), bilateral (must be signed by both parties) and multilateral (when many parties are involved). In this article, we deal with a one-sided NDA that is common for the outsourced development sector. The provision that gives a party the right to designate confidential information for a period of thirty days from its disclosure is a hangover from the world of autonomous NDAs of dubious value. It leaves open the question of the impact of this a posteriori designation of confidential information on any disclosure prior to designation. Is it forbidden for a party to disclose confidential information for a period of thirty days so that it is not then classified as confidential? Are third parties to whom this information has been disclosed free to make full use of this information, but is the contracting party (which now acknowledges that the information is confidential) prohibited? The first is to divide the project into parts and discuss these parts only when necessary with project managers and other business contacts. You can decide what you want to share, keeping in mind that important details can influence the development of the project. Ideally, you have a direct interlocutor with the subcontracting company (for example. B a project manager) who you can trust and work to determine how much information you need to share and when it`s best to share it. One of the main documents of the initial phase is a confidentiality agreement or NDA.
This Agreement is signed when two companies (or one company and one person) exchange sensitive information. An NDA is signed to protect this information from disclosure. There is another aspect of this problem – the confidential declaration of the outsourcing agreement – that private service providers who make outsourcing transactions with public authorities should take into account: normally, it does not work, at least as far as the public authority is concerned. Regardless of what the outsourcing agreement says about the confidentiality of the terms of the contract, it will be extremely difficult for the service provider to prevent the terms of the agreement from being disclosed in response to third party access to requests for information. . . .
Posted Sep 15th, 2021