Who will use these documents?
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anyone wanting to protect their business or original idea when it is necessary to disclose secrets;
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a seller of a business, website or other property;
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any person involved with research or ideas
Note: Net Lawman provides two versions of the confidentiality document. The first is a “letter”, the second an “agreement”, however, there is no legal difference. It is simply a matter of choice as to your preference for presentation and formality. If in doubt, take the letter, NZ-COM402.
However, the agreement version is more effective solution if the confidentiality is part of a situation where both sides are giving something (such as mutual confidentiality).
Key features of confidentiality letter:
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wide definitions cover most situations - agency, sale of business, software access, and more;
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extensive notes to guide you;
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plain English - of course!
Why use this document?
Businesses usually develop other people’s ideas, not their own, even if they want you to think otherwise. Mostly, they “find” them elsewhere. You can stop such businesses from copying your ideas with this carefully drawn confidentiality letter.
Note: business owners tend to be most diffident about asking for confidentiality letter or agreement from bankers and other lenders. This is a great mistake. Disclosure is far more likely as a result of carelessness that of a deliberate attempt to steal your ideas.
This document includes provision for:
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broadly defined confidential information;
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public domain exceptions carefully restricted;
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damages quantified in advance;
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usual legal provisions.
