Follow Your NDA Procedures or Risk Losing Confidentiality

The authors conclude: “If an NDA has a marking requirement…a procedure to discuss and fix procedural errors should be instituted to prevent accidental disclosure of confidential information.” Read the article here.

Take away:

  • If the NDA has a marking requirement, it is most important to understand the procedures for marking, and to implement them. If the procedures are not followed, the NDA may not protect those pieces of confidential information since the mark is what determines if that document was confidential.

Written by Rajah. Rajah Lehal is Founder and CEO of Rajah is a legal technologist and technology lawyer who is, together with the Clausehound team, capturing and sharing lawyer expertise, building deal negotiation libraries, teaching negotiation in classrooms, and automating negotiation with software.