One of the restrictions of a confidentiality agreement is that it is a compromise between the public`s desire to guarantee its information and the recipient`s desire to be free from any legal impact. As Weinstein`s alleged victims have come forward, Lenora Lapidus, director of the ACLU`s Women`s Rights Project, acknowledged that other vulnerable women who enter into similar deals may not feel as safe. The agreement specifies the information you want to protect and the extent to which the recipient of the information can share or use that information (if any). If the agreement is broken or is threatened with infringement, legal action may be taken. Weinstein used NDAs with several women who accused him of misconduct and made their claims confidential. In a statement to FRONTLINE, Weinstein denied the rape charge. He also said: “Over a 30-year period, there have actually been fewer than 10 comparisons of harassment claims… None of these agreements prevented a person from going to the police if they wished. Of course, an agreement is violated when a related party fails to meet its obligations under its terms – for example, when confidential information is used in a limited way by the agreement.
This leaves you with a confidentiality agreement to protect everything else. In most cases, the use of a confidentiality agreement means that your secrets remain in hiding. A breach of contract after entering into a confidentiality agreement is a serious problem, and if you have suffered because of the relaxed lips of another, you have a number of remedies. There are different forms of confidentiality agreements that are restrictive, from “less” to “most.” A “least restrictive” agreement, for example, can only prohibit a party from discussing the monetary terms of a legal transaction with the media. On the other hand, a more “restrictive” agreement may prevent a party from disclosing to each party the facts of a legal action, the legal theories of the plaintiff or the defendants to an action or the terms of a dispute. The disclosure wants the agreement to be as comprehensive as possible to cover all possibilities of sharing information beyond its control. On the other hand, the recipient will want to be able to use the information as he needs, without the risk of writing. Companies use confidentiality agreements to protect information about their secret techniques and the use of materials and to prevent them from being shared with competitors or the public. Violation of a confidentiality agreement can have costly consequences, depending on the terms of the contract, the extent of the damage caused by the breach and the extent to which the party whose rights are violated wishes to enforce those rights and to initiate litigation for breach.