Are NDA's non-disclosure agreements enforceable?

[sefnfot]

What is the name of your state? CA
Are NDA's non-disclosure agreements enforceable?
I have a tech startup idea. but i want to protect the idea until I launch.
So how do I make sure it remains a secret until I launch?

If I use YCombinator, would their contract details provide any reassurance about the confidentiality of the process?

 

[cbg]

In California, non-compete agreements are not enforceable but unless the law has changed since I last had employees in California (not impossible; I haven't had employees in California since 2002) non-disclosures, which are not the same thing, are.

 

[quincy]

What is the name of your state? CA
Are NDA's non-disclosure agreements enforceable?
O have a tech startup idea. but i want to protect the idea until I launch.
So how do I make sure it remains a secret until I launch?

If I use YCombinator, would their contract details provide any reassurance about the confidentiality of the process?

Yes, non disclosure agreements can be enforced if drafted properly. You should have an attorney help you draft your non disclosure agreement to ensure it meets your needs and is legally enforceable and then you should have the agreements signed prior to disclosing your idea to anyone.

 

[Zigner]

If I use YCombinator, would their contract details provide any reassurance about the confidentiality of the process?

As mentioned above, you will want to speak to an attorney about any contract you sign. Keep in mind that any contract that an outside vendor offers is designed with their protection in mind, not (necessarily) yours.

 

[zddoodah]

Are NDA's non-disclosure agreements enforceable?

I'm confused about what this question is asking. "NDA" stands for non-disclosure agreement. Therefore, this is your question: "Are non-disclosure agreement's non-disclosure agreements enforceable?"

Obviously, determining the enforceability of any agreement requires reading the agreement, unless it is of a type that is banned as a matter of law. If you're asking whether, under California law, all NDAs are unenforceable, the answer is no.

So how do I make sure it remains a secret until I launch?

Don't disclose it to anyone except (1) persons who have a legal duty not to disclose the information (e.g., a lawyer you have retained) or (2) persons who are bound by an NDA.

If I use YCombinator, would their contract details provide any reassurance about the confidentiality of the process?

How should we know? Are you assuming people here are familiar with what their contracts say?

I suggest you retain the services of a local attorney.

In California, non-compete agreements are not enforceable

As phrased, this isn't true. Most non-compete agreements are unenforceable. Bus. & Prof. Code section 16600, et seq.

 

[quincy]

I’m confused about what this question is asking. "NDA" stands for non-disclosure agreement. Therefore, this is your question: "Are non-disclosure agreement's non-disclosure agreements enforceable?" …

… Most non-compete agreements are unenforceable. Bus. & Prof. Code section 16600, et seq.

All that sefnfot is missing are parentheses - that is, “Are NDAs (nondisclosure agreements) enforceable?” That was confusing to you?

For information on noncompetes (only because they were previously mentioned), here is a link to California’s Business and Professions Code, Division 7, Part 2, Chapter 1, Section 16600 et seq:

https://law.justia.com/codes/california/code-bpc/division-7/part-2/chapter-1/section-16600/

Noncompete clauses in California (unless, I believe, involving the “goodwill” or reputation of a business) are not enforceable. In fact, even including a noncompete clause in a new contract is now a civil infraction and could get an employer sued. Employees who entered into contracts with noncompete clauses previously must be notified by their employers that the clauses are void. See Section 16600.1. It used to be that some noncompete agreements entered into in other states could be enforced in California. That no longer is the case.