Actions in case of NDA violation
Posted: Wed Jan 29, 2025 10:15 am
If you have determined that someone is distributing confidential information, you can take the following measures:
Determine the damage caused by the person who disclosed the information.
Collect as much evidence as possible.
Follow the claims procedure.
Go to court if it is impossible to professors edu email addresses resolve the issue in another way.
Now in more detail.
Determine what damage has been done
If you believe that any issues should be resolved only through the court, then think about how beneficial it is for you. Perhaps the damage is small, the reputational risks are insignificant. And in court, you will have to prove the guilt of the person who violated the agreement for several years. All this requires money, specialists and time. Nothing guarantees success in this case.
Therefore, always look at how to protect yourself. Some partners simply do not understand that they have access to secret data, because no one told them about it. Although in the end, the one who tried to prevent the leak suffers.
Determine what damage has been done
Source: shutterstock.com
If the damage is significant, check the NDA, whether everything is drawn up correctly, because this agreement will be evidence in court. Practice in such cases has already been formed, there have been cases when large companies had to defend their rights to preserve commercial secrets.
The amount of damage must also be proven in court. For example, list the clients who refused to cooperate after the disclosure of information, they must agree to confirm the facts during the hearing. Also, you should keep all copies of contracts indicating the amounts of such transactions.
Gather evidence that the person has violated the agreement.
Find the document itself, attach evidence to each of its points. Collect screenshots of correspondence, email addresses, phone numbers. It is best to find a witness who will confirm the fact of transfer of "secret" information. Talk to a lawyer in advance, show him the evidence, he will tell you whether it will have weight in court.
Follow the claims procedure
Be sure to send a complaint to the person who violated the agreement, specifying the specific points that were not observed. Explain to him what an NDA agreement is.
Download a free selection of tools for calculating KPIs and increasing marketing metrics
Alexander Kuleshov
Alexander Kuleshov
General Director of Sales Generator LLC
Read more posts on my personal blog:
Over the past 7 years, we have conducted over 23,000 comprehensive website audits and I have learned that all of us as leaders need clear and working algorithms for our marketing and sales.
Today we will share with you 6 of the most valuable documents that we have developed for our clients.
Download for free and implement today:
Step-by-step guide to creating marketing KPIs
Template for calculating KPIs for a marketer
9 Examples of Universal Selling Commercial Proposals
Upgrade your CPs to close more deals
How to make KPI for the sales department so that profits grow by 20% or more?
Step-by-step template for calculating KPIs for OP managers
Checklist of 12 main indicators for website promotion
Find out what metrics are needed to properly optimize your website
40 Services for Working with Blog Content
We have collected the best services for working with content
How to define your target audience without mistakes?
A proven guide to defining a company's target audience
Download the collection for free
pdf 8.3 mb
doc 3.4 mb
Already downloaded
153417
Go to court
First, you need to draft the text of the claim; a lawyer can help you with this. The application can be submitted online on the website "My Arbitrator". The court will review the claim and decide whether to initiate the case or refuse. The procedure takes up to five working days. Make sure that there are no factual errors in the text, pay the state fee and send the claim to the party before sending the claim.
The court considers such cases for a very long time. The procedure is accelerated if the amount of compensation is less than 800 thousand rubles. In such cases, the claim is filed in a simplified form. The decision will be made within two months. However, if the simplified procedure cannot be applied, this process may be delayed. Physical participation of the parties is not required; the court also considers the case remotely.
Determine the damage caused by the person who disclosed the information.
Collect as much evidence as possible.
Follow the claims procedure.
Go to court if it is impossible to professors edu email addresses resolve the issue in another way.
Now in more detail.
Determine what damage has been done
If you believe that any issues should be resolved only through the court, then think about how beneficial it is for you. Perhaps the damage is small, the reputational risks are insignificant. And in court, you will have to prove the guilt of the person who violated the agreement for several years. All this requires money, specialists and time. Nothing guarantees success in this case.
Therefore, always look at how to protect yourself. Some partners simply do not understand that they have access to secret data, because no one told them about it. Although in the end, the one who tried to prevent the leak suffers.
Determine what damage has been done
Source: shutterstock.com
If the damage is significant, check the NDA, whether everything is drawn up correctly, because this agreement will be evidence in court. Practice in such cases has already been formed, there have been cases when large companies had to defend their rights to preserve commercial secrets.
The amount of damage must also be proven in court. For example, list the clients who refused to cooperate after the disclosure of information, they must agree to confirm the facts during the hearing. Also, you should keep all copies of contracts indicating the amounts of such transactions.
Gather evidence that the person has violated the agreement.
Find the document itself, attach evidence to each of its points. Collect screenshots of correspondence, email addresses, phone numbers. It is best to find a witness who will confirm the fact of transfer of "secret" information. Talk to a lawyer in advance, show him the evidence, he will tell you whether it will have weight in court.
Follow the claims procedure
Be sure to send a complaint to the person who violated the agreement, specifying the specific points that were not observed. Explain to him what an NDA agreement is.
Download a free selection of tools for calculating KPIs and increasing marketing metrics
Alexander Kuleshov
Alexander Kuleshov
General Director of Sales Generator LLC
Read more posts on my personal blog:
Over the past 7 years, we have conducted over 23,000 comprehensive website audits and I have learned that all of us as leaders need clear and working algorithms for our marketing and sales.
Today we will share with you 6 of the most valuable documents that we have developed for our clients.
Download for free and implement today:
Step-by-step guide to creating marketing KPIs
Template for calculating KPIs for a marketer
9 Examples of Universal Selling Commercial Proposals
Upgrade your CPs to close more deals
How to make KPI for the sales department so that profits grow by 20% or more?
Step-by-step template for calculating KPIs for OP managers
Checklist of 12 main indicators for website promotion
Find out what metrics are needed to properly optimize your website
40 Services for Working with Blog Content
We have collected the best services for working with content
How to define your target audience without mistakes?
A proven guide to defining a company's target audience
Download the collection for free
pdf 8.3 mb
doc 3.4 mb
Already downloaded
153417
Go to court
First, you need to draft the text of the claim; a lawyer can help you with this. The application can be submitted online on the website "My Arbitrator". The court will review the claim and decide whether to initiate the case or refuse. The procedure takes up to five working days. Make sure that there are no factual errors in the text, pay the state fee and send the claim to the party before sending the claim.
The court considers such cases for a very long time. The procedure is accelerated if the amount of compensation is less than 800 thousand rubles. In such cases, the claim is filed in a simplified form. The decision will be made within two months. However, if the simplified procedure cannot be applied, this process may be delayed. Physical participation of the parties is not required; the court also considers the case remotely.