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How effective are NDAs?

2 点作者 Apane101大约 10 年前
I&#x27;ve been asked to sign an NDA by a company who&#x27;d like to use my development services. They already gave me a run down of their entire company strategy post NDA. I&#x27;m curious how effective are NDAs anyway? I&#x27;m aware that they are only effective if the party chooses to pursue a case, but my intuition tells me that they&#x27;re more of a preventative smoke screen than a viable document.<p>Thoughts?

1 comment

smt88大约 10 年前
Depends on how powerful each party is.<p>As an individual or small company, the NDAs you give to others are totally meaningless. You generally don&#x27;t have the desire&#x2F;funds to pursue people who violate the contract, and it&#x27;s often difficult to prove anything.<p>Large&#x2F;smart companies will also realize that they have all the power, and they&#x27;ll include upper limits to the damages they have to pay. One of my companies was recently, egregiously ripped off by one of the 3 largest insurance companies in the world, and they had capped their liability at $100k. Fortunately, there was easy-to-prove malice, so they will end up having to pay us some day.<p>If you&#x27;re the one signing the NDA and the other party is large and powerful, you actually could be successfully sued.<p>So in short: NDAs are powerful when you have the resources to back them up with lawsuits. As a developer, I&#x27;ve signed NDAs and non-competes for many small-to-medium businesses, and I&#x27;ve never been tempted to violate them, so I can&#x27;t attest to the validity of that situation.
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