Very OT: NDA

LEGEND ,
Dec 17, 2018 Dec 17, 2018

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Should I sign a Non Disclosure Agreement or not?

Ok this is the first time I've been asked to do this by a company I've worked for over 15 years.

It's kind of against my principles to sign such a document as I'm not really that comfortable with all the legally binding wiffle-waffle.

I'm the kind of person that usually just gets on with the job without having to stomach all the boardroom bullshite.

Part of me is say 'I'm just being stupid' and part of me is saying 'stick to your principles'

Can anyone convince  me I should sign this NDA?

Cheers

Os

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LEGEND ,
Dec 17, 2018 Dec 17, 2018

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An NDA is quite common now, but make certain that it does not cover the code, and only the content. Otherwise you will have an 'exclusivity' contract like me. It does have its good points though in that the pay jumps dramatically, but only if you check first, (nda should have a time limit, providing it is not security related, again extra money).

The down side of NDA, or an exclusivity contract is that you cannot show, or advertise what you do for the client, (or use anywhere else, when exclusive)

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LEGEND ,
Dec 17, 2018 Dec 17, 2018

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pziecina  wrote

(nda should have a time limit, providing it is not security related, again extra money).

Well 10 years seems a bit extreme to me

I'll be dead before that expires...........humm really not hugely happy with signing a legal document I don't fully understand. I know the basic wording is only asking me to be vigilant in looking after their sensitive information but I personally find it all a bit threatening and sinsiter if I'm honest and as I don't need the work or money.......

I guess they are think - well this guy could run down the road and show it to our competitors....what to do

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LEGEND ,
Dec 17, 2018 Dec 17, 2018

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osgood_  wrote

I guess they are think - well this guy could run down the road and show it to our competitors....what to do

It all depends on what you are doing. It is possible even for a small company to have 'company sensitive' information that they must provide you with. This is especially true when a back-end app is part of the work.

It may be worth while pointing out, (and in the contract) that you cannot be held personally responsible for anything on a web site, (even back end) going into the public domain, if others are accessing privileged information in any way.

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LEGEND ,
Dec 17, 2018 Dec 17, 2018

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pziecina  wrote

osgood_   wrote

It may be worth while pointing out, (and in the contract) that you cannot be held personally responsible for anything on a web site, (even back end) going into the public domain, if others are accessing privileged information in any way.

Well yeah that was my initial concern. If I'm swinging things back and forth online and the information gets grabbed? I might possibly even have to use some online conversion tools so I would be uploading sensitive information to websites I know nothing about......hummmm.

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LEGEND ,
Dec 17, 2018 Dec 17, 2018

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It's swings and roundabouts Os, if you make certain that they understand the nature of the web, (hackers, (at their end) etc) and the price matches the restrictions on your future work for others, then go with it. If the restrictions are too many, or they are looking for a scapegoat should their systems be hacked, walk away.

The knowledge of people not working in web development or server security, especially regarding internet security I have found to be very limited.

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LEGEND ,
Dec 17, 2018 Dec 17, 2018

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pziecina  wrote

It's swings and roundabouts Os, if you make certain that they understand the nature of the web, (hackers, (at their end) etc) and the price matches the restrictions on your future work for others, then go with it. If the restrictions are too many, or they are looking for a scapegoat should their systems be hacked, walk away.

The knowledge of people not working in web development or server security, especially regarding internet security I have found to be very limited.

Its not a NDA which covers a multitude of projects - as far as I can see it's for one particular project Ive been asked to work on. Its not a long-term contract, I only get projects as and when they come up (that being reasonably frequently) but its not every week.

I find this a bit difficult because its an assault on my integrity whilst I can see it from their point of view as well - also I dont really want to get embroiled in anything which might come back to bite me in the backside later on!

I'm probably going to have to sleep on this one.

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LEGEND ,
Dec 17, 2018 Dec 17, 2018

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It's may not be an assault on you personally, but a requirerment on them.

Don't forget if it involves personal info on anyone, or any of their clients or manufacturing procedures, then they are also legaly responsible for protecting that information. Even something as simple as a date of birth with a recognisable name, is a breach of the information act, for which they would have to pay compensation for.

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LEGEND ,
Dec 17, 2018 Dec 17, 2018

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pziecina  wrote

It's may not be an assault on you personally, but a requirerment on them.

Don't forget if it involves personal info on anyone, or any of their clients or manufacturing procedures, then they are also legaly responsible for protecting that information. Even something as simple as a date of birth with a recognisable name, is a breach of the information act, for which they would have to pay compensation for.

It doesnt involve any personal information but I dont really have the time or inclination to challenge some of the points in the NDA which I think are unreasonable, especially the requirment to remain covert about it for 10 years. The bloody project will be over and done in a few months. After it has gone public, which it will, why do I have to keep it under wraps for another 9.5 years....bloody mental. As I say its all complete an utter bullshite which intensely starts to aggrevate me....just use 'common sense' - you dont need a dorky lawyer for that........well maybe, given the fact that there are a lot of 'donkeys' running businesses today

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Adobe Community Professional ,
Dec 17, 2018 Dec 17, 2018

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There's no reason not to sign one.  I've done it many, many times.   It just means you cannot share your work  with sub-contractors without first getting permission.  What are your chief concerns about it?  Anybody who works in entertainment or software has to sign an NDA at one time or another.   I'm surprised this is your 1st time. 

Nancy O'Shea, Adobe Product User & Community Professional
Alt-Web Design & Publishing ~ Web : Print : Graphics : Media

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LEGEND ,
Dec 17, 2018 Dec 17, 2018

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https://forums.adobe.com/people/Nancy+OShea  wrote

Anybody who works in entertainment or software has to sign an NDA at one time or another.   I'm surprised this is your 1st time. 

I'd add government, large companies and organisations to that list.

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LEGEND ,
Dec 17, 2018 Dec 17, 2018

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https://forums.adobe.com/people/Nancy+OShea  wrote

What are your chief concerns about it?

Well if Im honest - I'm thinking..........if they don't trust me after 15 years...........

I'm very up-front with everyone I work for. I tell it how it is, what I like and what I dont like (Im not  a 'yes' kind of person) and usually it ends up with they either go with me or go elsewhere. I have a strict code of principles that  I've never broken. One is I really object to business bullcrap and I find this thing the very pinnicale of bullcrap........but yeah I can understand their concerns too.....so the situation is difficult. I dont need the work or the money so it makes the decison even harder to make.

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