As a Texas employer, you understand the importance of protecting your business’s confidential information and trade secrets. One effective way to do this is by having employees and contractors sign a non-disclosure agreement (NDA) or confidentiality agreement. But what happens when someone breaches this agreement? Can you enforce it, and what are the limitations?
Enforcing an NDA in Texas
In Texas, a court will generally enforce an NDA as long as it is legally sound and has been signed by all parties. Here are four important components that it must have:
- Clear definition of confidential information
- Obligations of the receiving party
- Duration of the agreement
- Consequences of a breach
However, there are some limitations to NDA enforcement. For instance, some statutes and public policies may prevent the enforcement of an NDA, such as in cases involving criminal acts or sexual harassment. Additionally, some jurisdictions may have limitations on the length, amount of damages or scope of a confidentiality agreement.
Breach of a confidentiality agreement
If someone violates an NDA, you have several options:
- Send a cease and desist letter
- Seek an injunction
- Sue for damages
When enforcing an NDA, seeking legal help from an experienced employment law attorney in Texas is essential. They can help you navigate the complexities of NDA enforcement, ensure that your agreement is legally sound and represent you in court if a breach occurs.
Do not risk losing valuable trade secrets or confidential information – consult with a legal expert to protect your business’s interests.