what is NDA

[Kaushik]

Hello Unreal,
I have a very strong reason for creating this thread and I want to ask what exactly NDA means.

My situation:

I have been working with a person on a specific project from February 2013- February 2014. Now in this time period I was never asked to sign any NDA, but later on January 2015 he made me sign a general NDA which says nothing about the last project and even the time frame that I have worked for.
Apart from this I was regularly contacted via his personal mail id when I was in contract.

I have some basic questions here:

1. Do you sign a NDA after a year you complete a project.

2. When an employee and employer share official documents like NDA, should they use their personal email address.

3. NDA specifies the art and the time period of the project.

4. If my contractor is acting as the middle man between the me and the main company, then he should be having both the NDA from his company and the company’s art he has been outsourcing signed by me.

Unfortunately Unreal moderators have kept some of images down and I want to know how long this will be blocked.

Please advice me.
I have supportive documents which I can show if situation requires.
Thanks,
Kauhsik Saha

[qdelpeche]

NDA stands for Non-Disclosure Agreement: Non-disclosure agreement Wikipedia

Typically you would sign a NDA as a contractor for a company when they want to restrict you from sharing information with competition or publically.

A non-disclosure agreement (NDA), also known as a confidentiality agreement (CA), confidential disclosure agreement (CDA), proprietary information agreement (PIA), or secrecy agreement (SA), is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects nonpublic business information.

NDAs are commonly signed when two companies, individuals, or other entities (such as partnerships, societies, etc.) are considering doing business and need to understand the processes used in each other’s business for the purpose of evaluating the potential business relationship. NDAs can be “mutual”, meaning both parties are restricted in their use of the materials provided, or they can restrict the use of material by a single party.

It is also possible for an employee to sign an NDA or NDA-like agreement with an employer. In fact, some employment agreements will include a clause restricting employees’ use and dissemination of company-owned confidential information.

This is typically signed before commencement of the project and very rarely signed after the commencement of the project … although I have heard of this happening before.

So you answers are as follows:

1. No - normally signed before commencement of work.
2. Typically not, but the document when signed should be distributed in a printed format and all parties should get a signed copy.
3. No, the NDA does not specify that. Typically this is what a contract is for.
4. There would typically be an NDA between the contractor and the main company and you and the contractor.

[Kaushik]

@qdelpeche;262947

NDA stands for Non-Disclosure Agreement: Non-disclosure agreement Wikipedia

Typically you would sign a NDA as a contractor for a company when they want to restrict you from sharing information with competition or publically.

This is typically signed before commencement of the project and very rarely signed after the commencement of the project … although I have heard of this happening before.

So you answers are as follows:

1. No - normally signed before commencement of work.
2. Typically not, but the document when signed should be distributed in a printed format and all parties should get a signed copy.
3. No, the NDA does not specify that. Typically this is what a contract is for.
4. There would typically be an NDA between the contractor and the main company and you and the contractor.

Hello qdelpeche,
Glad for your response.
The NDA I signed don’t have:

1. Name of the Project
2. Date of starting and ending of the contract
3. The NDA was signed almost after a year the project ended
4. The contract was performed under the personal email address of the employer and not his professional one
5. The NDA never mention anything about the project I worked for or any details.
6. The NDA I signed after a year never say anything about the past contract. I have every mails with me and the day and time are saved as a track record.

I hope this is the basic requirement of NDA for all the countries through out this globe.
Several projects have been performed by me so far and all my clients are happy with my work and response. In this case I’m very confident that I’m not breaching anything that falls under NDA rules.
My only concern is the person is spamming me all over my threads and my professional life is getting harassed.

My request is to the moderators, to please judge the complete documents of both the parties, check the necessary information on the NDA and then take some action. I would appreciate if they can remove all the unwanted message of the other party from my thread as well.

Thank You

[SE_JonF]

I looked at an excerpt of the nda provided by your client in your thread, and he has legal justification to order you to remove his images. There is a clause in there that states you cannot publicize the work you did for his company until/unless they permit you to do so. This is standard language in an nda and protects the client from early publication of sensitive property as it relates to their business. That being said, it is generally a good idea to thoroughly read whatever you sign as once you do it will be binding even if you didnt bother to read it all

Edit: He hasn’t provided any information on whether the nda applies to previous works if that’s what the images you signed fall under. If there is no reference to previous jobs you completed for him in the nda, then you will be able to prove your case with relative ease. However if it was written in a way that was retroactive, then you would be held liable.