Confidentiality Agreements
Privacy, trust, secrecy, and protection thereof are important in today’s business world, and a confidentiality agreement often is used to protect confidential information between an employer and employee or between businesses proposing to enter or entering an agreement.
Also known as a non-disclosure agreement, a confidentiality agreement is a binding agreement between two or more individuals or businesses that promise to keep the information shared between them secret and not share it with any unauthorized individuals. A confidentiality agreement may be a mutual confidentiality agreement or a unilateral confidentiality agreement. In mutual agreements, all individuals are obligated to keep the information shared confidential. Conversely, in unilateral agreements, only the party who receives the information is obligated to keep the information confidential.
Both mutual and unilateral confidentiality agreements are used to safeguard information that is not public knowledge. Confidentiality agreements are almost always made in writing and enforceable. A supposed agreement made through oral conversations or by physical actions essentially rest on a “he said she said” foundation, and such agreements are difficult to prove and enforce in court.
Confidentiality agreements can be complicated, so before writing or signing one, consult with an attorney. If a confidentiality agreement between you and a third party has been violated, know this: It probably is enforceable. If you have questions about confidentiality agreements or the laws thereon, talk to a lawyer. For more information and to have questions answered, contact Nashville Attorney Perry A. Craft.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.