What is the purpose of a Non-Disclosure Agreement (NDA) ?
It is often necessary to disclose confidential information to commercial partners. These informations may be commercial, financial ou technical.
Protecting such information is legitimate and logical, since any disclosure could have important economic consequences.
Intellectual property protection is not always adapted to such situation.
Entering into a non-disclosure agreement (NDA) allows the disclosing party to be reassured that all its information will remain confidential and will not be transmitted to a third-party.
In case of breach, the responsible party can be prosecuted and ordered to pay damages as well as any sum agreed on in the agreement. Such sanction, in the NDA, must be sufficiently dissuasive, in order to deter both parties from breaching it.