It is also important to ensure that who can obtain confidential information in order to promote the authorized or specific objective should be determined. It is often necessary to pass on information to employees or professional consultants (or even to sources of funding, related companies or sponsors, etc.), but this should be considered on a case-by-case basis. Ideally, these recipients are identified by name, but should be identified at least by class and always on a „need to know“ basis. Parties should be aware of the confidentiality obligations that must be imposed on these third parties in order to obtain confidential information. Workers may be subject to confidentiality obligations as part of their employment contracts. There are a number of ways to manage the disclosure of professional advisors: a) they could be invited to become members of an NDA, b) they might only have to agree to keep the information confidential, or c) the parties may simply rely on service secrets imposed on them by their professional board of directors. Disclosure parties should endeavour to ensure that the recipient party assumes responsibility for breaches of confidentiality by employees, consultants, related companies and other necessary recipients, although this request may be categorically rejected by the recipient party. A confidentiality agreement (NDA) that is sometimes called a confidentiality agreement is a legally binding contract whereby one or both parties agree that the exchange of information exchanged between them will not be passed on to outsiders. NDAs protect confidential business information, inventions or artistic creations revealed in proposals, discussions and negotiations.
It protects against disclosure to third parties of information that is not yet publicly available and generally restricts the recipient`s use of the information. The issue of confidentiality agreements and non-claim clauses emerged in the recent case of Stress-Crete Limited v. Harriman, published May 6. Stephen Harriman was an employee of Stress-Crete Limited and King Luminaire Company, Inc., an industrial lighting company based in Burlington, Ont. The question was whether he had breached his obligations to compete, not to invite and to confidentiality his employment contract. Harriman, the U.S. Northeast and Canadian sales manager, resigned in October 2018 and accepted an offer to sell with Cyclone Lighting, a direct competitor to Stress-Crete.