Non Disclosure agreeement paranoia!

JohnnyD101

Hello...

this is my first time posteing here.

I design websites. I did some work a year ago or so for a comuter repair company in Sligo. They were somewhat difficult to work with. At the last meeting, they asked me to sign a NDA, which I did. I have to confess I didn't read it (stupid, stupid!) , just took the money and ran.

I have been approached by another company in Leitrim to do another computer website. My question - would there be ANY legal grounds for a NDA to state I cannot do my work in a related field?

Thank you very much - I'm just a little concerned.

Johnny

Maximilian

JohnnyD101 wrote: »

Hello...

this is my first time posteing here.

I design websites. I did some work a year ago or so for a comuter repair company in Sligo. They were somewhat difficult to work with. At the last meeting, they asked me to sign a NDA, which I did. I have to confess I didn't read it (stupid, stupid!) , just took the money and ran.

I have been approached by another company in Leitrim to do another computer website. My question - would there be ANY legal grounds for a NDA to state I cannot do my work in a related field?

Thank you very much - I'm just a little concerned.

Johnny

In an NDA? I doubt it should even be mentioned. Don't you have a copy of the agreement? What does it say?

Even in employment contracts where there is a non-compete clause (which seems to be what you're concerned with) Courts tend to take a dim view of them somewhat. Any clause which said you cannot work at all in website design would be completely unenforceable as its far too wide.

Go see a solicitor about it if you're that concerned.

JohnnyD101

Maximilian wrote: »

In an NDA? I doubt it should even be mentioned. Don't you have a copy of the agreement? What does it say?

Even in employment contracts where there is a non-compete clause (which seems to be what you're concerned with) Courts tend to take a dim view of them somewhat. Any clause which said you cannot work at all in website design would be completely unenforceable as its far too wide.

Go see a solicitor about it if you're that concerned.

Wow fast reply Maximilian. thank you.

I have PM'd you a copy with the company name removed - It's quite short. I don't want to post it publically. It would be a great help to me.

JohnnyD101

Any thoughts on the NDA then? I'd apppreciate your feedback if you wouldn't mind.

tudlytops

JohnnyD101 wrote: »

Hello...

this is my first time posteing here.

I design websites. I did some work a year ago or so for a comuter repair company in Sligo. They were somewhat difficult to work with. At the last meeting, they asked me to sign a NDA, which I did. I have to confess I didn't read it (stupid, stupid!) , just took the money and ran.

I have been approached by another company in Leitrim to do another computer website. My question - would there be ANY legal grounds for a NDA to state I cannot do my work in a related field?

Thank you very much - I'm just a little concerned.

Johnny

Normally DNA's mean you can't disclose anything you discussed with them, price paid, etc.

It does not mean you can't continue doing websites for someone else, even if they are in the some filed.

JohnnyD101

tudlytops wrote: »

Normally DNA's mean you can't disclose anything you discussed with them, price paid, etc.

It does not mean you can't continue doing websites for someone else, even if they are in the some filed.

after reading it, I think it's ok as you suggest. a lot of legal wording though so I'm not 100%! thank you for your reply.

eagle_&_bear

in any event, do speak to a Solicitor.

Non-Compete Clauses and non-disclosure agreements are technical in nature. The courts dont usually follow them but, there are some cases where the courts did follow the agreement.

don't throw it totally to one side- they are powerful enough pieces of paper and you did sign it so to protect yourself, sit down with a solicitor and clarify the matter.

There are alot of practitioners on this site who will help but we can't advise you. You must speak to a solicitor

tudlytops

JohnnyD101 wrote: »

after reading it, I think it's ok as you suggest. a lot of legal wording though so I'm not 100%! thank you for your reply.

the one I sign at work meant I could not disclose anything that happened there and my job, but it didn't mean I could not take another job in the financial sector.

Citizens advice centres have free solicitors once a month's if you bring it to them, they will put your mind at rest.

Best of luck.

JohnnyD101

Thanks for all the advise. thank you all.

I don't see any points mentioning working elsewhere. Can anyone here recommend a solicitor? It would be a minutes worth of reading!

eagle_&_bear

have a look on www.lawsociety.ie there's a regional list of solicitors firms in the area - depends where you are based.

Reloc8

As noted a non compete clause is completely different to a non disclosure agreement. It should be very apparent from the agreement whether you signed one. Even if you did the courts have held that they (non competes) can be enforced only for a time period which is considered reasonable. For an employee who signs that might be six months to a year depending on seniority. For a self-employed contractor who signs one unless the work was of a fairly extraordinary nature and the contractor was paid for the work and for non-compete, its probably unenforceable.

JohnnyD101

Thank you all - I appreciate everyone's sage advise!