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Accidental Non-Disclosure Agreement violation

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dgq111

New member
I'm in California and I'm wondering if there are ways that I can potentially be violating an NDA with out knowing that I am. For instance, if I'm disclosing confidential info in an email to a colleague that has signed the same NDA, but the fact that I'm using an email service, has that exposed us to violation of the NDA? In other words, I know the obvious ways that I can violate an NDA, but are there other ways that one can violate an NDA inadvertently.
 

Zigner

Senior Member, Non-Attorney
I'm in California and I'm wondering if there are ways that I can potentially be violating an NDA with out knowing that I am. For instance, if I'm disclosing confidential info in an email to a colleague that has signed the same NDA, but the fact that I'm using an email service, has that exposed us to violation of the NDA? In other words, I know the obvious ways that I can violate an NDA, but are there other ways that one can violate an NDA inadvertently.
It depends on the specifics of the NDA, as well as the specifics of the disclosure.
 

dgq111

New member
Then the answer is to ask corporate counsel.
There really isn't any specifics on HOW to protect the info, but the closest is this piece:

Recipient will take reasonable care to prevent the unauthorized use or
disclosure of Confidential Information, including at least the level of care Recipient applies to
protect its own confidential information.
 

kylegelbero

New member
Hi @dgq111

I think after having signed an NDA contract if you are sharing any confidential information online even though it's with a person who has signed the same NDA, you are violating the contract. If someone else gets those information from your emails anyhow, you could be charged as a violator of the contract.
I am gonna ask around too about this point and will post it here if there is some other way to clear this out.

Regards
 

quincy

Senior Member
I'm in California and I'm wondering if there are ways that I can potentially be violating an NDA with out knowing that I am. For instance, if I'm disclosing confidential info in an email to a colleague that has signed the same NDA, but the fact that I'm using an email service, has that exposed us to violation of the NDA? In other words, I know the obvious ways that I can violate an NDA, but are there other ways that one can violate an NDA inadvertently.
This thread is nearly a month old but, since new member Kyle saw fit to add to it and, if dgq111 is still around to answer, I have a question:

Is the “confidential information” being shared with your colleague information that the colleague is cleared to know?

Disclosing ANY confidential information can be a violation of an NDA if you are disclosing it to someone who is not entitled to the information, regardless of the manner of disclosure.

In other words, just because colleagues all sign the same NDA does not mean that all of them have been granted access to the same information.
 

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