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a conversation by email counts as a contract?

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orionpaz

Junior Member
Hello.

I write you because I would like to know how can I do business on Internet and protect my ideas. If we do not sign a NDA, but we speak about the confidentiality of the information by email, this account as a contract because is in the email that is my information and that he can now say nothing because we speak about this in the email? (For example, if he said in the email that is my information and that he can’t do anything with this information without my permission)

Thank you in advanced
Orion
 


Zigner

Senior Member, Non-Attorney
Hello.

I write you because I would like to know how can I do business on Internet and protect my ideas. If we do not sign a NDA, but we speak about the confidentiality of the information by email, this account as a contract because is in the email that is my information and that he can now say nothing because we speak about this in the email? (For example, if he said in the email that is my information and that he can’t do anything with this information without my permission)

Thank you in advanced
Orion
Sorry, this forum is for US law only. If you are in the US, please tell us what state this refers to.
 

quincy

Senior Member
Hello.

I write you because I would like to know how can I do business on Internet and protect my ideas. If we do not sign a NDA, but we speak about the confidentiality of the information by email, this account as a contract because is in the email that is my information and that he can now say nothing because we speak about this in the email? (For example, if he said in the email that is my information and that he can’t do anything with this information without my permission)

Thank you in advanced
Orion
We need your state (or country) name and more information from you to give you proper advice. State laws can potentially play a role, depending on the type of confidential information being communicated.

Here, however, is a link to a discussion between attorneys on how they have handled the sending of confidential information to their clients when communicating online. You may (or may not) find what is said helpful, as it is specific to agreements written for legal services. Take from it what you will. :)

From the American Bar Association, Electronic Communication Clauses: http://www.americanbar.org/content/dam/aba/publications/solosez/ElectronicCommunicationClauseInAgreementForLegalServices.authcheckdam.pdf

Again, and to repeat what Zigner said, we need the US state involved as this forum handles US law questions only. Thanks.
 

orionpaz

Junior Member
...what state this refers to.
...State laws can potentially play a role, depending on the type of confidential information being communicated...we need the US state involved as this forum handles US law questions only. Thanks.

Hello. In which states (US), the email could be a contract? The information is a finance method (a know how).

Then, the confidentiality note, in business plans, is usefull and valid only in some states? :eek:
 

Zigner

Senior Member, Non-Attorney
Hello. In which states (US), the email could be a contract? The information is a finance method (a know how).

Then, the confidentiality note, in business plans, is usefull and valid only in some states? :eek:
You need to tell us what state(s) is(are) involved.
 

tranquility

Senior Member
No matter which law you look at, remember in all countries covered by the common law there must be a meeting of the minds in order for there to be a contract. You MAY get contract through an email "conversation", you will not just by putting something in writing on the bottom of your email.
 

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