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Showing posts from December, 2020

Clean As A Whistleblower... The Impact Of NDAs On Freedom Of Speech

An NDA, or non-disclosure agreement, is a contract in which parties agree not to disclose information covered by the agreement. These are often not enshrined in a written contract, such as attorney-client privilege, or doctor-patient confidentiality, but more formal NDAs are commonly used in commercial settings and business relationships to bind two parties to silence on issues ranging from confidential documents to accusations of wrongdoing and resulting settlements. Very few argue that NDAs being used to protect competition or trade secrets is something to be stopped, but controversy arises when victims of wrongdoing and the wrongdoers themselves enter an agreement to prevent the wrongdoing from being exposed. Employees are often made to sign NDAs after their dismissal following unacceptable practices, discrimination, or harassment, and may be paid compensation in return. While NDAs cannot be enforced in the UK and other countries if the contracted activities are criminal, they may s