Although it is not legally necessary, the decision to hire a contractor is always a good idea to formalize your employment relationship with an independent contractor contract. A freelancer`s confidentiality agreement is intended for use with workers (sometimes called “1099 contractors” because of their tax status) who perform tasks for you or your business. Unlike employees, most state laws do not require independent contractors to keep it secret. In other words, if you disclose a trade secret to a contractor without a confidentiality agreement, the holder is not bound by secrecy. For this reason, the best strategy to protect your secret information is to sign a written confidentiality agreement with the contractor. If the agreement is violated – if the information is disclosed without your permission – you can bring an action for financial damages. Since contractors can perform a wide range of activities, from accountants to window washers, the agreement does not describe exactly what is secret, but rather relies on the owner of the trade secret to qualify the materials as confidential, either in writing or orally. Note that this is not an agreement describing the conditions of recruitment (payment, services, etc.). If you use a confidentiality agreement with a contractor, you must also use it for all contractors exposed to the same information.
Otherwise, someone who has signed a secret could argue that you didn`t always keep that information confidential. The customer refuses any guarantee regarding the accuracy and use of confidential information. This means that the contractor cannot bring an action on the basis of inaccurate confidential information or confidential information that is not useful for the purposes envisaged by the parties. This guide provides a brief overview of some of the key considerations that are being considered when developing a confidentiality agreement for independent contractors. If you intend to include non-competition and no-pocher clauses in your independent contractor agreement, it is probably best to establish a separate agreement with the NDA to include these specific clauses. 1.03 Companies and contractors have or may establish a commercial link with their potential mutual benefits. Part of this relationship may require access to confidential information and this agreement provides for the protection of such information. This Agreement shall be independently enforceable, but shall be construed in accordance with the terms of any other agreement between the Parties, with the protection of confidential information being a top priority of the Parties. 3.0__ This Agreement constitutes the entire Subject Matter Agreement between the Parties and supersedes all prior and simultaneous agreements between the Parties, unless such other Agreement makes explicit reference to this Agreement and is executed by both Parties. This Agreement may not be modified, revoked, modified or modified other than by a written instrument signed by all parties. . .