Lawyer specialized in non-disclosure agreements
A non-disclosure agreement
A non-disclosure agreement is not legally anchored. This means that, in principle, the parties have the freedom to contract everything they want regarding this subject.
A non-disclosure agreement sets out terms for confidential information. Such an agreement can be very important for acquisitions, but also for innovative projects. After all, parties gain insight into company information and confidential information and may not disclose that information. Fennek’s lawyers regularly draw up confidentiality agreements and confidentiality statements.
Fine for breach of a non-disclosure agreement
Key to a non-disclosure agreement is that confidential information must be kept secret. Without attaching consequences to a breach of a non-disclosure agreement, it will be of little use. A fine for breach of confidentiality can ensure that the parties adhere to the agreements, and therefore the confidentiality. If the non-disclosure agreement is nevertheless breached, the fine can be claimed immediately (without being in default).
Compliance with and dissolution of the confidentiality agreement
Under the law, compliance with the non-disclosure agreement can be demanded. This makes sense when there is a fear that the non-disclosure agreement will be (again) violated and it is still important that the agreements laid down in the non-disclosure agreement are observed. This can be brought before the preliminary relief judge in summary proceedings (possibly subject to forfeiture of periodic penalty payments).
The non-disclosure agreement, or the underlying agreement containing the confidentiality clause, may also be dissolved. In that case, the parties are released from their obligations under the confidentiality agreement. Compensation for damages as a result of breach of the non-disclosure agreement can also be claimed.
Lawyer drawing up a non-disclosure agreement
Fennek’s lawyers have extensive experience in drawing up a non-disclosure and litigating in it. If you have any questions about a non-disclosure agreement or confidentiality agreement, please feel free to contact one of our lawyers.