Legal assistance in drafting non-disclosure agreements in Poland;

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Publication date: 26.11.2024

Legal assistance in drafting non-disclosure agreements in Poland; 

Non-disclosure agreements (NDAs) are an important tool for protecting confidential information in business. In Poland, the conclusion of an NDA requires certain legal formalities to be met in order for the agreement to be valid and protect the rights of the parties. Legal assistance, including legal analysis of documents, legal review of documents by a lawyer and legal advice, allows you to create an effective agreement that complies with applicable law. The conclusion of such agreements is especially relevant for companies operating in areas related to high levels of competition, innovation or the processing of confidential client information; 

In addition, NDAs are an important tool for regulating the relationship between a company and its employees. For example, when developing new products or services, an NDA helps protect the business from unauthorised disclosure of ideas, plans or technical solutions. Legal support ensures that each provision of the document is as specific as possible and meets the company's needs; 

Key legal aspects of non-disclosure agreements 

The following legal aspects should be taken into account when drafting an NDA 

• Determining the scope of confidential information. The agreement should clearly define what information is considered confidential and subject to protection. Legal analysis of the situation helps to take into account all the nuances and avoid ambiguities. For example, it should be determined whether the NDA covers internal letters, emails or records on the company's internal platforms; 
• The term of the NDA. The document should include provisions on the term of the agreement, which may cover both the period of cooperation and a certain time after its completion. Depending on the industry, it can be either several months or several years, especially when it comes to strategically important information; 
• Liability for violations. Sanctions for breaching the terms of the NDA should be specified in detail to avoid lengthy disputes. Consulting a lawyer can help you draft legally correct compensation provisions, including fines, damages or cancellation of the agreement; 
• Jurisdiction. The NDA should specify which law governs the agreement and which court will hear disputes. This is especially important if the cooperation is between companies from different countries; 

Legal support during the preparation of the NDA; 

Legal support is essential at every stage of NDA development. An online lawyer or an online attorney can provide written advice, analyse documents, and provide a legal opinion on the agreement. This helps to avoid risks and ensure compliance with all legal requirements. In addition, the involvement of professional lawyers ensures that the NDA will be adapted to the specifics of the company's activities and needs; 

• Drafting an NDA. Legal analysis of the documents ensures that all provisions of the agreement comply with Polish law and take into account the interests of both parties. The document may also include provisions on the protection of intellectual property; 
• Verification of documents. Having the documents reviewed by a lawyer helps to avoid wording errors and to include all the necessary clauses. This is especially true if the NDA is concluded with international partners; 
• Support during negotiations. Advice from a lawyer helps to conduct effective negotiations, in particular regarding the scope of confidential information and the responsibilities of the parties. Experienced lawyers will also take into account the possibility of limiting liability in case of loss of information; 
• Dispute resolution. The legal opinion of a lawyer allows you to quickly resolve disputes if there are disagreements about the implementation of the agreement. Timely legal advice reduces the risk of data loss or lawsuits; 

Typical problems when drafting an NDA; 

The following problems may arise when drafting an NDA 

• Ambiguous wording. Often, agreements contain vague definitions of confidential information, which creates risks for the parties. A legal analysis of the situation can help avoid such shortcomings. For example, the definition of ‘trade secret’ may need to be clarified; 
• Lack of sanctions. Insufficiently clear sanctions for breach of contract may make it difficult to recover compensation. For example, the provision of only nominal fines may not be sufficient to deter violators; 
• Jurisdictional differences. If it is not specified which law governs the NDA, it may be difficult to resolve disputes. This is especially true for international contracts, where jurisdiction may affect the speed of dispute resolution; 
• Lack of provisions on third parties. Insufficient attention is paid to the issues of access to confidential information of third parties, which can lead to violations. This applies, for example, to contractors or temporary employees; 

3; 

Law firms. They offer services for preparing NDAs, analysing documents and ensuring their compliance with the law. They also train employees on how to comply with NDAs; 

  

Legal clinics. Provide affordable services for small and medium-sized businesses in preparing NDAs. This can be useful for start-up companies that do not yet have a large budget for legal support; 

 

International organisations. Advise on the preparation of NDAs that meet international standards. This is especially important for companies planning to operate in the EU market; 

Recommendations for preparing NDAs; 

To ensure the effective protection of confidential information, it is recommended to consider the following tips 

1. Clearly define the scope of information. Specify the specific categories of data that are covered by the NDA, including financial information, technical developments or marketing plans; 
2. Specify sanctions for breaches. Include provisions on the amount of compensation in case of breach of the agreement. It is recommended to specify both the minimum and maximum amount of the fine; 
3. Update the NDA regularly. Take into account changes in the law or the circumstances of cooperation to ensure that the agreement is always up-to-date. This may include updating the provisions on electronic transmission of information; 
4. Take legal advice. Consulting a lawyer allows you to take into account all legal risks and avoid mistakes. This is especially useful for companies with a branched structure; 
5. Engage lawyers to resolve disputes. The legal opinion of a lawyer helps to resolve conflicts quickly. Involving specialists also helps to avoid lengthy litigation.