What is an NDA and how does it differ from a confidentiality clause? As indicated in the introduction the abbreviation NDA comes from the English non-disclosure agreement and means an agreement relating to protection and obligation not to disclose confidential information which are disclosed in the course of cooperation between two entities. In order for this agreement to fulfill the purpose for which it is to be concluded it must be signed by cooperation.
Typically a confidentiality agreement precedes the conclusion of the target main agreement e.g. a service provision agreement. Moreover philippines photo editor the NDA agreement may but does not have to be additionally supplemented with a confidentiality clause which usually appears as a separate provision in the target agreement or replaced by it completely. Confidentiality agreement is not regulated in Polish law however on the basis of the principle of freedom of contract resulting from Art.
Of the Act of April - Civil Code according to which the parties concluding a contract may arrange a legal relationship at their discretion provided that its content or purpose does not contradict the properties nature relationship statute or principles of social coexistence – it can be constructed in any way in accordance with the will of both parties . Also check: More about the principle of freedom of contract can be found here. In turn the purpose of confidentiality clause is also to secure data and business secrets during the term of the main contract.
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