Non Disclossure Agreement Vs Privacy policy, please advice.

[Federico Muelas]

Hi
I’m launching a tech consulting online service and I wonder what is the best way to guarantee the prospective clients that we won’t disclose any information about him/her or his/her projects.
I thought of either using ONE-WAY NDAs or a privacy policy but I don’t know which one is the more suitable in this case. All I want is to guarantee the client his/her ideas are safe with us.
If we use NDAs we would have to deal with the hassle of using Faxes, Scanners or Web Apps for Electronic Signature in order for the client to sign the agreement, what it could be a pain in the neck.
We can use private policies that specifically include the name of the client , but I don’t know if this solution has the same legal strength than NDAs.
I’d really appreciate your advice.
Thanks in advance!
Federico

 

[tranquility]

Aloha Federico. Pehea `oe? Aia i hea kou kauhale?

(Since I suspect the answer is not "Hawaii", U.S. law only.)

 

[Federico Muelas]

Aia i New York ko`u kauhale.

 

[HomeGuru]

Mahalo nui loa.

 

[tranquility]

Mahalo. While it will be better to wait for YAG, there is a fairly standard non-disclosure format for simple interactions in New York. But, all it really is is a contract to not disclose what you've found. A privacy policy, I assume under Gramm-Leach-Bliley theory, is more for financial matters and I don't think it could be enforceable for what you're talking about. In either case, it really depends on how much the client trusts you. They don't want to sue on a breach of contract because they think you've told Spacely Sprockets how they make their widgets. They want you to keep quiet.

That is more of a perception thing than a legal thing. A privacy policy is good. As is a NDA. As are tight-lipped people who interact with them in a manner that shows they know information is important. (Good grammar, well shaven, professional attitude and a great reputation works too.) Like risk management, there is not one thing that covers all the bases. You need lots of things to inspire confidence you are not going to drop secrets over a beer at the post-workday fern bar.