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Is a non disclosure agreement binding?

Properly drafted and executed non-disclosure agreements are generally binding on the employee that signed it. Generally speaking, a non-disclosure agreement should identify the following:

  • the parties to the agreement
  • the information that is deemed confidential
  • the scope of the employee’s confidentiality obligations
  • exclusions from confidential treatment (such as information in the public domain)
  • the term of the agreement

Typically, a non-disclosure agreement will acknowledge that damages are not sufficient to compensate the company and provide the company with the right to seek injunctive relief. The company can then seek both injunctive relief and damages from a court through enforcement of the non-disclosure agreement based on the extent of the employee’s breach.

The next step would be to have an attorney review your non-disclosure agreement and outline the options you have for enforcing the agreement. If you need assistance in finding a lawyer, LawTrades can connect you with one of the vetted attorneys in our nation-wide network of practitioners for a free 20 minute consultation for you to share your situation and see how the attorney can assist.


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