This can be done with potential partners, investors, suppliers or producers, or if you need to discuss your business or project for advice or advice, such as: It is also common for the Italian side to require international contracts to be in dual language: for example, Italian and English or Spanish. Finally, it is often difficult to reconstruct the information that was transmitted to the receiving party after the NDA was signed and when the transmission took place (for example.B. because it was sent in unsecured and untraceable mode, as is the case with information sent in the form of email attachments). With the confidentiality agreement, the parties agree on a specific purpose for which the information can be used. Any use of information outside the achievement of this objective is prohibited, unless written permission is given. For example, the purpose of a confidentiality agreement could be to allow an investor to evaluate a particular investment. If the data is used in one way or another for another investment during the validity of the confidentiality, the investor will violate the agreement. Experimentation and quantification of damages resulting from a breach of the duty of confidentiality is generally very complex, as this results in intangible benefits/damage, such as capacity. B to quickly develop a product in competition thanks to the information obtained. Let us take an example: in an NDA with a Chinese equivalent, it is often counterproductive to apply Italian and Italian law, because in case of non-compliance, it is usually necessary to act quickly in China (even as an emergency) and not in an Italian court. In this case, it is advisable to design the NDA with a bilingual English/Chinese text and for arbitration in China, applying Chinese law.
A confidentiality agreement (NDA), also known as a confidentiality agreement, confidentiality agreement or confidentiality agreement, is a synalistic legal record that refers to confidential information and by which the parties agree to keep it secret, in the context of the incident of violation of the agreement and the conduct of certain punitive clauses. Confidential information is know-how. B, technologies, patentable ideas, financial or business relationships, business plans, business plans, studies, reports, business data, etc., that have economic value or that may harm the party that communicated them when they are released. In addition, the information should not be publicly available and should not be known to the other party. The information transmitted to the other party can be the most diverse and varies depending on the type of contract that the parties are willing to consider: it may be in a purely technical way. B with regard to the know-how available to the company in a given technology sector or of a financial and strategic nature when referring to the industrial and commercial strategies by which the company intends to pursue its medium- and long-term competition policy in the markets in which it operates. In the case of acquisitions, the seller also provides, for the “due diligence” of potential buyers, that confidential information (companies, finance, trade, etc.) is useful to offer an accurate “photo” of the target company (“Photography” which is actually more or less accurate, depending on the completeness of the data provided by the seller).