Businesses have a right to protect their trade secrets and intellectual property. However, courts sometimes view non-disclosure agreements (NDAs) unfavorably in Florida.
According to Florida Statutes Title XXXIII Ch 542.335, an individual must prove the necessity of a restrictive agreement for their business interests. The courts must see the contract as a formal legal agreement with precise language for your NDA to stand. Amateur NDAs with vague and generic language do not hold much legal weight. Keep reading to learn more about drafting an NDA for your business.
Specify the length of time
Non-disclosure agreements technically can hold for an indefinite amount of time. However, the court does not assume this if you do not clearly state the terms in your contract. The courts may also disagree with the amount of time appropriate for the NDA to last. Florida courts determine what constitutes a reasonable amount of time depending on the nature of your restrictive covenant.
Request specific information
If you know for a fact that physical or digital information exists that reveal trade secrets, you must request its return or destruction using specific language. You cannot simply say that all information about your company falls under the NDA. Courts may not enforce such vague claims. Create a list of every potential document, video, tape or recording that holds intellectual property or trade secrets.
The key to a suitable non-disclosure agreement is specificity. You must have a clear idea of the length of time you wish an NDA to last and what information falls under the contract. Failure to draft a coherent and precise document might lead to losing your intellectual property or trade secrets.