A nondisclosure agreement helps protect corporate information from leaving the company. At what point does this NDA hinder an employee from getting a new job or using their skill and knowledge on their new job? Articulate the issue from the point of view of the employer and the employee.
reply one paragraph with one reference on each of the following thread :
1) Sai Sohila Mantena
“NDA” stands for Non-Disclosure Agreement also known as a confidentiality agreement. According to DR.WHITE’S lecture, an NDA can be defined as a legal document that is used to establish a relationship based on trust between an employee and an employer which prevents the employee from disclosing the company’s information outside the workplace that could potentially harm the company. Today almost one-third of the workplace in the USA is subject to them.
From the point of view of the employer, Information is the most valuable asset for any company and if an employee discloses the company’s crucial information such as a new algorithm that the IT department has generated or a new marketing plan, or even information about the company’s customers then the employee is potentially engaging in industrial espionage by disclosing sensitive and valuable information about the company/organization that is not available otherwise, this is exactly what is defined as industrial espionage according to our textbook material. By using NDA they help in protecting confidential data which makes the company /industry so unique and successful. NDA is imperative for any company/industry that is seeking to protect the intellectual property of its business.
from the point of view of the employee signing, an NDA is not so resourceful because few NDA’s mentions in their contract that the employees should refrain from utilizing the Information, Knowledge, and skill obtained through their company when getting a new job in another company and sometimes they even ask the employees not to work for a certain period of time. This is certainly not acceptable because these contracts prevent the employees from finding a new job or even their knowledge or skills obtained through their work experience. It is important that the employees thoroughly go through the NDA carefully before signing them.
2) Reham Bawahab
Good discussion post. Well, NDA’s are used as legal tools to protect an orinaization intellectual property and confidential information.
Although, this is could be a smart move for organizations to have in place but this other factor should be considered. First, employee and employer relationship should based on trust. Again, the offer was issued based on the evaluation of the proposed employee during the interview. Second, there are different levels of employees, not all hold confidential information. Last, enforcing NDA’s are not as simple as we think. It is more efficient to establish better security policies and procedures in your business than relying on just the NDA to protect your confidential information.
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