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Confidentiality Agreements protect sensitive technical or commercial information from being disclosed to others.
A confidentiality agreement should define exactly what information can and cannot be disclosed. Any information shared between an employer and an employee can be considered to be confidential. That information often includes data, know-how, prototypes, engineering drawings, computer software, test results, tools, systems and specifications. A confidentiality agreement must also establish a starting date and an ending date that confidentiality is to be maintained.
One or more participants in the agreement may promise to not disclose technical information received from the other party. If the information is revealed to another individual or company, the injured party may claim a breach of contract and can seek injunctive and monetary damages.
If you have questions about an employment agreement that contains a confidentiality clause or if you have been accused by your former employer of violating a confidentiality clause, contact Ed Feinstein or Deborah Marcuse for assistance.