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Questions about Confidentiality Agreement by Meghan Jones





Article Author Biography
Questions about Confidentiality Agreement by
Article Posted: 03/19/2013
Article Views: 54
Articles Written: 575
Word Count: 598
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Questions about Confidentiality Agreement


 
Law
An agreement or treaty between two parties who are aware of some confidential information that should not be given to anyone else is called confidentiality agreement. All parties who are a part of this agreement may be expected to sign it. A confidentiality agreement is also called a non-disclosure agreement. Many people may not know what a confidentiality agreement covers and this can lead to various questions. Given below are some of the important questions about confidentiality agreement that have been asked:

In what circumstances is a confidentiality agreement used?
A confidentiality agreement may be used under many circumstances in the US. For instance, if someone wants to sell his/her assets or business, he/she may sign the agreement with a buyer so that the buyer can check any confidential documents like bank statements or financial records to check the value of the asset. This agreement may also be signed between an inventor and any other parties before licensing the invention. The agreement that is signed between an employer and employee is also a confidentiality agreement. By signing this, the employee agrees not to disclose any information about the company to anyone outside. Sometimes anyone who needs protection for providing confidential information may also ask to sign this agreement.

When would a confidentiality agreement become invalid? How can it be terminated?
All the parties that had signed the agreement may have to use the process of rescission to terminate a confidentiality agreement. This can be done by signing a formal rescission document. Once the entire process is completed, all the parties in the agreement may be free of the agreement. Besides this the agreement may become invalid if one of the parties involved proves that he/she was forced to sign it.

Will a confidentiality agreement give the company a right to check its employees’ personal property?
Most of the times, a confidentiality agreement may give a company the legal right to check its employee’s personal property. Many times companies may add this clause in their agreements in order to protect their interest. They may have the right to check the employee’s computers and other electronic devices which may have matters or information about the company.

Will a confidentiality agreement that is written on a business letterhead be valid?
In most of the cases, a confidentiality agreement written on the business letterhead of a company may not be valid as it cannot be enforced in a court of law.

Is it possible for two people to get into a confidentiality agreement verbally without any paper work? Will such a verbal agreement be legally binding?
If they want to, it may be possible for two people to enter into a verbal confidentiality agreement. These may be legally binding in a court of law. However, it may be very difficult to enforce them without any written contracts.

A non-compete agreement was signed with one company. However, this company was taken over by another organization. Will the agreement still be valid?
In most situations, even if the company was taken over by another, a non-compete agreement may continue to be valid. However, this may also depend on what the clauses of the agreement say.

Confidentiality agreements are used in many places and by many organizations. However, it is very important for you to check all the documents before signing the agreement. These documents should put forth the reason of the contract correctly. You may ask a lawyer if you have any further questions about the confidentiality agreement.

Related Articles - Confidentiality agreement, what is a confidentiality agreement, how does a confidentiality agreement, what makes a confidentiality agreement invalid,

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