So, you’ve been working on a very important project, and everyone involved has been made to sign an NDA contract, a non-disclosure contract, to ensure that everything remains under wraps and secret. Then, without warning, you find there has been a breach, and the NDA contract has been compromised. What do you do?
While there are many things you can do, every business, NDA contract, and each situation can be a little different, and if you’re in panic mode, it can be hard to think straight and make logical decisions. Throughout this guide, I’m going to ask you to take a deep breath and focus on what you need to be doing, all broken down into three simple steps.
Let’s get straight into it.
Step 1 - Gather Evidence
Since breaching an NDA contract is a legal offense, classified as a breach of a professional contract, you may need to proceed with legal proceedings to get the compensation you’re entitled to; in whatever form that may be, you’re going to need evidence, so this is the first step you must take.
You need to ask yourself questions like;
- How did someone get hold of the NDA information, and in what way was the information leaked? Make sure you gather solid evidence of how this took place.
- How was the information leaked, and in what way is it being used? Say a product launch was compromised, and now a competitor is developing the product you were working on.
- Who was involved in the breach? Was it an employee, a freelancer you were working with, or even a competitor?
Gather evidence may not be easy all the time, especially if this is an intentional breach, and the person or people are covering their tracks. Just gather what you can, and try to connect the dots as much as possible. Start collecting evidence as soon as you’re aware a breach has taken place.
Step 2 - Contact a Professional Legal Service
Now it’s time to start taking legal action. Take the evidence you’ve collected so far and find yourself an attorney who specializes in NDA breaches and legal business contracts. You’ll need to supply the professional with a copy of the NDA contract for them to read through to see what has been breached and whether you have a case or loopholes in your contracts.
If you have a case, then the next step is likely to be sending the involved parties a cease and desist letter, which will state that the party needs to stop what they’re doing. Otherwise, legal action will take place.
From here, either the party will stop breaching the contract, or they will ignore you and carry on. Any other situational differences will be spoken about with you by your legal professional as and when the situation arises.
Step 3 - Begin Legal Action
If the party fails to stop the breach, then it’s time to take legal action. There are plenty of legal claims you can make here, such as infringement of classified information, copyright infringement, misconduct of trade secrets, and so on, but these will all vary on a case-to-case basis. You can check out lawmanaging for more information.
In court, the case will take place, and if found guilty, then the information will be returned to you, compensation awarded, and a conviction will take place for the parties involved, and all will be set right.
The most important thing to remember when dealing with an NDA breach is that you need to be proactive in getting results. Don’t just react to what is happening, but be proactive in bringing the breaching parties to justice, and not just letting the situation go by the wayside.