Friday 27 July 2012

Who can sign confidetiality agreements?

Can the confidentiality agreement be signed between individuals?
Confidentiality agreements are not only signed between organizations rather they can be signed between individuals. There can be an individual signing a confidentiality agreement with the organization in certain situations. The need of the agreement always arises whenever an individual or a business has to understand things done by a business in running its affairs. There can be secret processes containing top secret information regarding production, sales, marketing and other departments. It becomes important at times to give access to that information to other parties in the agreement.
In many organizations it is a practice that the organizations get this agreement signed with all the employees that work in it. The reason is that the employer doesn’t want its confidential information to get into the wrong hands. Similarly some organizations enter into confidentiality agreements with all the small vendors that transact with them on routine bases. There is different nature of businesses and similarly these agreements are signed accordingly.
Whenever a confidentiality agreement is signed between parties then it can have provisions to restrict all the parties as well as one single party. When an agreement restricts both the parties from disclosing information then it is a mutual confidentiality agreement. In such kind of agreement the information is usually disclosed by all the parties and they enter into agreement so that they do not cheat each other. Similarly the agreement can be a simple one imposing restrictions on one party only and it is referred as a unilateral secrecy agreement. In this kind of agreement the secret information is disclosed by one party to the other and the other party is bound to keep it secret under the provisions of the agreement.
An aspect is that most of the confidentiality agreements are mutual in nature. That way such agreements restrict both the parties to the agreement from disclosing any kind of data or information to the third parties. Such kinds of agreements appear fair from their very essence and they create rights and obligations on both ends rather than putting only one party under the obligations.