Hi, I have a similar restraint of trade question.
And I know the immediate answer is that I should have read it fully before signing.
Last year, I did a contract assignment for end client, provided by a consultancy company which I landed through a recruitment agency. There was a restriction period with the agency but that has now expired.
However, in addition to my contract with the agency, I had to sign a non-disclosure agreement (NDA) with the consultancy company basically committing to not divulge any proprietary or confidential information.
I had no problems signing that but if I had been more careful I would have picked up on a section therein that had the following (paraphrased):
"Non-Solicitation. Contractor acknowledges that Contractor’s solicitation of client after the expiration of Contractor’s engagement would involve the unauthorized disclosure of Confidential Information and agrees that, for one year not to offer services to the client"
Now I have the opportunity of another different kind of assignment through another consultancy with the same client. Is this NDA enforceable in law?
As it happens, I didn't have access to any of the consultancy company's proprietary information so have nothing that I could disclose even if I wanted.
And I know the immediate answer is that I should have read it fully before signing.
Last year, I did a contract assignment for end client, provided by a consultancy company which I landed through a recruitment agency. There was a restriction period with the agency but that has now expired.
However, in addition to my contract with the agency, I had to sign a non-disclosure agreement (NDA) with the consultancy company basically committing to not divulge any proprietary or confidential information.
I had no problems signing that but if I had been more careful I would have picked up on a section therein that had the following (paraphrased):
"Non-Solicitation. Contractor acknowledges that Contractor’s solicitation of client after the expiration of Contractor’s engagement would involve the unauthorized disclosure of Confidential Information and agrees that, for one year not to offer services to the client"
Now I have the opportunity of another different kind of assignment through another consultancy with the same client. Is this NDA enforceable in law?
As it happens, I didn't have access to any of the consultancy company's proprietary information so have nothing that I could disclose even if I wanted.
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