NDA

[jcyjr36]

New York

Hello,

Does anyone have any insight in addition to what I've found online regarding what "publicly known" information means with respect to confidential information and NDAs?

Does the information have to be publicly displayed somewhere (either online or offline)?

Second question... If someone revealed confidential information to someone but the person revealing the confidential information (in this instance it's commission that one party paid to another party), didn't mention the party paying the commission by name; The revealing party only named what the commission was to provide a data point for what the going market rate is for commission.

 

[quincy]

New York

Hello,

Does anyone have any insight in addition to what I've found online regarding what "publicly known" information means with respect to confidential information and NDAs?

Does the information have to be publicly displayed somewhere (either online or offline)?

Second question... If someone revealed confidential information to someone but the person revealing the confidential information (in this instance it's commission that one party paid to another party), didn't mention the party paying the commission by name; The revealing party only named what the commission was to provide a data point for what the going market rate is for commission.

It will depend on the wording of the non-disclosure agreement.

Essentially, however, any information can qualify as a trade secret and be protected by a non disclosure agreement if the information provides a company with a competitive advantage. This can apply to information that is not in itself novel or innovative. It just must be information that is not known to or used by others in the same field.

Because there can be severe consequences for violating the terms of an NDA - by disclosing confidential information without authorization, however and to whomever this disclosure is made - I recommend you have your NDA personally reviewed by an attorney in your area. You do not want to have to pay money damages, or treble damages, or punitive damages, by passing onto another or others any information covered by the NDA.

Not identifying the specific company by name will not insulate a trade secret violator from legal action.

 

[jcyjr36]

It will depend on the wording of the non-disclosure agreement.

Essentially, however, any information can qualify as a trade secret and be protected by a non disclosure agreement if the information provides a company with a competitive advantage. This can apply to information that is not in itself novel or innovative. It just must be information that is not known to or used by others in the same field.

Because there can be severe consequences for violating the terms of an NDA - by disclosing confidential information without authorization, however and to whomever this disclosure is made - I recommend you have your NDA personally reviewed by an attorney in your area. You do not want to have to pay money damages, or treble damages, or punitive damages, by passing onto another or others any information covered by the NDA.

Not identifying the specific company by name will not insulate a trade secret violator from legal action.

@quincy - Greatly appreciated. Makes complete sense. Thank you.

 

[quincy]

@quincy - Greatly appreciated. Makes complete sense. Thank you.

You’re welcome, jctjr36. Thanks for the thanks.