NDA Solicitors
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If sensitive commercial information is misused and you have not taken the necessary precautionary steps, it can be difficult to pursue legal action. That is why many businesses use non-disclosure agreements (NDAs) to protect their valuable business information.
While there are similarities between NDAs and confidentiality agreements, it is important to not confuse the two. NDAs are used for business-to-business relationships. Confidentiality agreements, on the other hand, are usually used in business-employee relationships to protect customer information and trade secrets.
Our specialist NDA solicitors not only draft clear and comprehensive non-disclosure agreements but also advise on a range of confidentiality issues. We will ensure that your business is fully protected and that your agreement is watertight.
Can You Draft Your Own NDA?
While there is no legal obligation to use a solicitor to put together an NDA, it is important to keep in mind that these agreements are extremely complex legal contracts. If drafted incorrectly, your document may be unenforceable. That is why it is wise to instruct a solicitor to draft your NDA or confidentiality agreement. After all, the information you are protecting is valuable and you want to make sure that it does not end up in the wrong hands. Plus, solicitors will ensure that important considerations that would otherwise be missed are covered in the agreement.
Reasons to Get an NDA
Generally, businesses use NDAs to:
- Protect confidential information – The agreement ensures that trade secrets and sensitive information are properly safeguarded from unauthorised use or disclosure
- Move forward with a project – Agreements provide you with the peace of mind that you can take the next steps with your partnership or project
- Clarify what constitutes confidential information – The agreement will provide a clear definition of what is considered confidential information and how this information can be used
- Avoid unnecessary costs and delays – With an NDA in place, the risk of disputes decreases significantly
- Ensure a clean break – If parties decide not to move forward with a project or relationship, the agreement will outline the steps to be taken
- Sell a company or parts of a business – The agreement ensures that the company’s confidential data and figures are protected from competitor gain
- Create a barrier to entry for competitors – When dealing with a potential new supplier, agent or consultant, an NDA prevents trade secrets from being disclosed
Will a Standard NDA Protect You?
A properly drafted NDA will include:
- The parties to the agreement – The agreement should clearly define the parties to ensure that they are liable if the agreement is breached
- The information that needs to be protected – The agreement needs to provide a precise definition of what constitutes confidential information and who can access it. It is important that this definition is not too broad as it will not have the ‘necessary quality of confidence’ to be protected in court
- Whether the information can be released in stages – In some cases, the agreement may state that some information can be disclosed at first whilst the most sensitive information is withheld until the other party has demonstrated that they can be trusted or has formalised the agreement
- How disclosed information and documents should be returned – If the relationship or transaction falls through, the agreement should set out how disclosed information should be returned or destroyed
- How forced disclosure of information by law should be dealt with – The agreement should set out whether parties need to consult you on the manner, content and timing of the disclosure, as well as who is responsible for the cost of challenging disclosure requirements
- Penalties for breaches – The agreement should include reasonable penalties if parties breach the agreement
- Lawful safeguards – The agreement should state whether innocent parties have the right to apply for an injunction if there is a breach
- Jurisdiction – If you are disclosing confidential information to parties outside of the UK, the agreement should ensure that the UK courts have jurisdiction to determine matters relating to the agreement
What Happens if a Breach Occurs?
With us by your side, there is no need to worry if a breach occurs. Our NDA solicitors will quickly apply for an injunction, preventing valuable commercial information from being leaked to competitors or the media. If a breach has already occurred, we can pursue damages on your behalf.
Who We Help
We provide commercial legal support to businesses across a range of industries and sectors at an affordable price. Whether you own a start-up, an SME or a multinational company, we will help you safeguard your valuable information. From drafting agreements to advising on corporate transactions and intellectual property, we will ensure that your business is protected at every level.
Why Choose Witan?
Unlike other law firms, we provide on-demand legal advice and support to our clients. Whether you need us to apply for an injunction at short notice or simply draft an agreement so you can move forward with a project, we will be there to advise you when you need us the most. Our commercial law experts provide our clients with the below benefits.
- 100+ years of practical law experience
- Extensive and jargon-free legal advice
- Commercially-focused legal solutions
- Strong record of success advising high-profile businesses
- NDA solicitors in London, Birmingham and Northampton
Protect Your Sensitive Commercial Information Today
Let our knowledgeable NDA solicitors shoulder the responsibility of protecting your trade secrets and sensitive commercial information. To discuss your confidentiality needs, simply contact our team today to arrange your free, no-obligation consultation.
Qarrar Somji
Solicitor-Advocate
Qarrar qualified as a Solicitor Advocate in 2014 having previously had experience in a varying range of litigation roles.
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