Non Disclosure Agreement

ballooba

Can a non-disclosure agreement be retrospective? i.e. cover information exchanged prior to the signing of the document. I signed one a few years back but there was no explicit mention of this. I would like to disclose the information to third parties now.

Tom Young

Generally not. It depends on the nature of the information, and of course the data controller.

ballooba

Tom Young wrote: »

Generally not. It depends on the nature of the information, and of course the data controller.

The transaction was a negotiation with a state body for the sale of an asset. I want to expose the scandalous procurement system. The confidentiality agreement was signed after agreement was reached and the contract made.

MadsL

A few options spring to mind (I'm absolutely no expert)

1. Have a friend make an FOI request. If there is a procument/tender process involved then parties often have to agree to disclosure to information in the event of an FOI request.

2. If there is corruption involved then talk to the ombudsman - they have the power to investigate corruption/unfair practise in public office. You might be able to pass information to them despite the NDA or least ask them to read the NDA to see if they have the power to have the information disclosed to them. There may be whistleblower protection in place for you.

ballooba

There was no corruption involved. Just lazy poor practices and a lack of respect for public funds. The FOI request would have to be very very specific.

The negotiation took place solely via email so the dialogue is documented completely from start to finish. I would like to publish the emails.

A member of the board responsible for the decision later criticised the decision to a family member of mine and blamed me for taking advantage.

Victor

I'm sure an NDA could be structured in such a way to be retrospective. What does it say? What dates and what type of matters does it cover?

From the state side, there may also be the Official Secrets Act, employment contracts and other matters to take into account.

For an ordinary employer there will be employment contract and any implied duties.

"A member of the board responsible for the decision later criticised the decision to a family member of mine and blamed me for taking advantage." sounds like you may have been defamed and should take legal advice or alternatively say that what was said wasn't the whole truth, but that you can't discuss it.

ballooba

Victor wrote: »

sounds like you may have been defamed and should take legal advice or alternatively say that what was said wasn't the whole truth, but that you can't discuss it.

Nah, I don't care about what she said. I must look at the NDA this evening.