5 Steps to Take if your NDA is Violated
Cyber hacking in Canada are on a steady rise and despite the efforts by the federal government, NDA breaches are more common than ever. A Non-Disclosure Agreement is a binding contract that protects confidential intellectual property, plans for a new product and trade secrets for your company. Hence, it is important that all parties’ purview to the agreement honour it.
The breach of an NDA is a difficult situation for any business that needs to be handled with tact. The best way to deal with this situation is to consult a skilled attorney, inspect the breach, claim for damages and renew the agreement. Here’s a closer look at each of these steps:
1) Contact a Lawyer
Dealing with the breach of an NDA is a tricky situation, even if you have concrete evidence and legal defence. The way you handle the altercation reflects on your company and has a direct impact on the relations you have with your partners and your employees.
Hence, it’s crucial that you immediately consult an attorney. An experienced business lawyer not only helps you deal with the problem expediently but also ensures your organisation and its operations don’t get affected adversely.
2) Investigate the Breach
The important thing to keep in mind while dealing with an NDA violation is that the law is on your side. If your agreement was drafted by a good contract lawyer, it will hold true in the court of law. Breach of trade secrets is punishable even without an NDA, under the laws of Misappropriation. Misappropriation usually takes place in the following ways:
- Your devices and servers are hacked.
- An employee leaks confidential information to a media outlet.
- A rival business steals your employees by offering them a higher salary in lieu of revealing the confidential information.
- Employees with crucial information quit and start a business with a model identical to yours.
These are the most common ways an NDA is violated. Your attorney can help you evaluate the situations and narrow down the offender.
3) Review the Document
Review the NDA carefully with your lawyer. This will help you confirm the validity of the agreement and the extent of damages that you can claim.
4) Find Evidence
To substantiate your claims in a trial, evidence is crucial. However, the investigation needs to take place, surreptitiously and quickly. Consult your business attorney about hiring an investigator. You may also need to interrogate your employees. In this case, make sure the investigation doesn’t invade your employees’ privacy or accuse the wrong person for committing the offence. Evidence can be discovered by inspecting the following:
- The method of breach or misappropriation
- Use of the information leaked
- The chain of the breach
5) File for Damages
It is important to determine the lawsuits that you need to file against the reprobate. The first and foremost one is the breach of a contract. Your lawyer can help you determine the business litigations that you need to file for, depending on the nature of the information leaked. The most common lawsuits include:
- Copyright infringement
- Misappropriation of trade secrets
- Patent infringement
- Breach of fiduciary duty
An experienced litigation lawyer can help you understand the ground for these lawsuits better. Contact our law firm today to take immediate action against your NDA violations.