Sample INDEPENDENT CONTRACTOR NON-DISCLOSURE AGREEMENT Otherwise, someone who signed a non-disclosure might argue that you didn’t consistently treat the information as being confidential.Įmployee NDA – For businesses that want to protect their proprietary information from being released during or after an individual’s employment. Also, if you use a non-disclosure agreement with one contractor, you should use it for all contractors exposed to the same information. Because contractors can perform a wide range of activities-from accountants to window washers-the agreement does not detail specifically what is secret, and instead relies on the trade secret owner to label materials as confidential, whether written or oral. Note, this not an agreement that details the terms of hiring (payment, deliverables, etc.). If the agreement is breached-if the information is disclosed without your authorization-you can sue for monetary damages. For that reason, the best strategy to protect your secret information is to sign a written nondisclosure agreement with the contractor. That is, if you disclose a trade secret to a contractor without a nondisclosure agreement in place, the contractor is not bound to maintain secrecy. Unlike employees, independent contractors are not bound to maintain secrecy under most state laws. The independent contractor non-disclosure agreement is intended for use with workers (sometimes known as “1099 contractors” because of their tax status) who perform tasks for you or your business.
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