Мабуть усі колись чули про NDA (non-disclosure agreement) або простою мовою «угоду про конфіденційність» 🤐 Але чи працює цей інструмент в Україні – це вже інше питання🤔
In our own experience, we are convinced that it is possible to defend the violated rights when disclosing confidential information!
Recently, BARGEN's lawyers made a positive decision to recover damages in favor of our client in the amount of about UAH 280,000, in connection with the disclosure of confidential information by a person on Facebook and LinkedIn.
Therefore, we share practical tips:
What is recognized as confidential information?
How to protect yourself from unauthorized disclosure?
What can be the means of influencing the discloser?
Confidential may be any information, access to which is restricted to a natural or legal person. This can be commercial information of the company, contact details of customers, partners, suppliers, prices, etc. For example, an enterprise may prohibit a counterparty from using information about its customers for 3 years after termination.
For the purpose of protection confidential information she first needs grant such status. This may be provided for in a separate provision or procedure that will determine the list, procedure for use and consequences of the disclosure of confidential information. In addition, we recommend that you enter into a separate confidentiality agreement with individuals, which also provides for the use of such information and sanctions for violating the terms of the agreement.
In case of violation of the terms of the agreement, you must go to court with a claim for damagescaused by such disclosure. In our case, the amount was confirmed by the value of the contract, which was terminated due to disclosure.
The NDA may also provide for liability for disclosure in the form of a fine. This method is simpler because you do not need to justify the amount separately.
Proper execution of the procedure for working with confidential information is an effective tool that will protect against its disclosure and allow you to recover damages from the person guilty of disclosure.