A non-exclusive jurisdiction clause means that in the event of a dispute, any party may refer the matter to a court other than the one mentioned in the agreement. In March 2018, the Washington Post reported that senior White House officials were signing confidentiality agreements that provided that officials could expect fines if they pass on confidential White House information to the press or others and that it should remain in effect after the current president is no longer in office. A draft agreement would have imposed $10 million in penalties on offenders that should have been paid to the federal government for each unauthorized disclosure of “confidential” information. This is perhaps the most recent example of the widespread use of a confidentiality agreement (NDA), including for commercial, personal or other purposes. This article highlights some of the problems related to the cross-border applicability of NAs offences. The first part will examine the possibility of imposing “sanctions” for non-compliance with NOAs and how (for example) the disputed Australian legislation is dealt with. The second part outlines some of the remedies available in the event of a breach of the NOA and considers whether the parties to their NOA should provide for recourse to the Court of Justice or the enforcement of arbitration. The third part of this article examines the possibility of applying foreign judgments regarding NDA violations and outlines practical considerations for interested parties. Given the size of transnational trade and the emphasis on transparency in international trade, it is more important than ever to get your NDA in order. However, in a common NOA (where both parties make statements and demand the confidentiality of the other party), it is generally important to know who has the greatest bargaining power.
In the absence of an express provision, the courts will seek a relationship or connection between the parties and the agreement to determine jurisdiction and choice of applicable law. You may already know that choosing a jurisdiction for your confidentiality agreement (NDA) is extremely important. It is a contract by which the parties agree not to disclose the information covered by the agreement. An NDA creates a confidential relationship between the parties, usually to protect any type of confidential information and business owners or secrets. Therefore, an NDA protects non-public business information. Like all contracts, they cannot be enforced if contractual activities are illegal. NDAs are often signed when two companies, individuals or other companies (for example. B, partnerships, companies, etc.) plan to conduct transactions and must understand the processes used in the other entity`s activities to assess the potential business relationship. NDAs can be “reciprocal,” meaning that both parties are limited in their use of the materials provided or may limit the use of the material by a single party. An employee may be required to sign an NDA or NOA agreement with an employer to protect trade secrets.