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Aug 6th, 2022

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How to Modify Independent Contractor Nondisclosure Agreement

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when should an independent contractor sign a non-disclosure agreement there may be times when your business finds it necessary to hire an independent contractor rather than an employee to complete a certain project but like an employee the independent contractor may become privy to your confidential trade secrets this is when you may want to consider a non-disclosure agreement there are two basic types of non-disclosure agreements unilateral and mutual in the mutual nda both parties share confidential information with each other that they each want protected from redisclosure for the unilateral agreement only one party will be sharing the information and taking steps to keep it confidential from competitors and the public the purpose of a non-disclosure agreement is to prevent others from revealing your in-house confidential information the following are some things to be aware of for your ndas one limit the information to that which is truly confidential and must be kept a secret to

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

What is effective date on NDA?

Effective Date means the date of the signature of the last Party to sign this NDA.

Can you amend an NDA?

No. You may not amend an expired NDA.

Can you legally backdate an NDA?

Thankfully, most jurisdictions allow for contracts, including NDAs, to be signed with a retroactive date. This is commonly referred to as backdating.

Can NDAs be backdated?

It is not good practice to backdate an NDA as there is a risk that a party may have already shared the information disclosed, or refuse to agree to an NDA at a later date.

What makes an NDA unenforceable?

There are several reasons why an NDA might be unenforceable, however. If the NDA is too broad, the information under the NDA is not actually confidential, or if the agreement requires the employee to do something illegal. NDAs must be carefully crafted for proper enforcement.

Is there a time limit on a NDA?

Usually, an NDA limits the confidentiality period for 3 to 5 years. After that time or once the information is made public, the confidential information can be disclosed and the NDA cannot be enforced.

Do NDAs apply to independent contractors?

Yes, not only can you have your independent contractors sign an NDA, but its also recommended. The NDA should be a regular part of your agreements with independent contractors every time the project requires working with sensitive information.

How do I make my NDA retroactive?

If your company discloses confidential information without having the NDA agreed to first, ensure that the NDA applies retroactively by setting the effective date as the date on which confidential information was first disclosed, not the date on which the agreement was signed. How Should You Use an NDA?

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