Use Non-Disclosure and Non-Compete Agreements Judiciously

Author(s): Jennifer Perrier

Non-disclosure and non-compete agreements are well known and broadly used employment documents. However, for them to hold up in a court of law, they need to be designed and applied with care. For many small IT shops, they may not even be necessary or enforceable.

To better understand if non-disclosure and non-compete agreements have a role to play in the IT organization, this research note describes:

  • The respective definitions of non-disclosure and non-compete agreements.
  • The function of these agreements in an IT environment.
  • Recommendations for appropriate development and application of these agreement types.

Non-disclosure and non-compete agreements are only worth the amount of effort and money the enterprise is prepared to invest in order to uphold them. Use with care.