Client List – Example 2: Former employees have taken over the list of clients of a temporary work agency. The former employees argued that the list could not be a trade secret because the information could be obtained in another way. A court contradicted and prevented ex-employees from using the list because it could not be displayed using public information indicating which companies were likely to employ temporary workers and because the list also contained information such as the client`s business volume, specific customer requirements, important contacts and billing rates. Courtesy Temporary Serv. Inc. v. Camacho, 222 Cal. App.3d 1278 (1990). In addition, the NDAs expressly state that the person receiving the information keeps it secret and limits its use. This means that you cannot violate the agreement, do not encourage others to violate it, or allow others to access confidential information through inappropriate or unconventional methods. For example, if a designer of a computer company leaves a prototype gadget in a bar where it is discovered by a technology journalist, the designer would probably go against the NDA he signed by taking the job. Periods are also frequently mentioned in ANA and generally require that the party receiving the information remain for a number of years.
This specific information is usually being negotiated. The heart of a confidentiality agreement is a statement that establishes a confidential relationship between the parties. The declaration establishes an obligation for the receiving party to keep the information confidential and restrict its use. This obligation is often defined by a sentence: „The receiving party holds and maintains the confidential information of the other party in a situation of strict trust, to the exclusive and exclusive benefit of the revealing party.” In other cases, the provision may be more detailed and include disclosure obligations. A detailed provision is shown below. This section begins with a clause, as in the example below, where the general obligation of the receiving party to remain silent on confidential information. In its most fundamental form, a confidentiality agreement is a legally enforceable contract that creates a confidential relationship between a person who has some kind of trade secret and a person to whom secrecy is transmitted. Know-how does not always refer to secret information. Sometimes this means a certain type of technical knowledge that may not be confidential, but is necessary to accomplish a task. For example, a collaborator`s know-how may be required to train other collaborators in how to make or use an invention.
