What Is a Notice of Breach of an NDA?
A notice of breach of a non-disclosure agreement (NDA) is a type of cease-and-desist sent to an individual who has violated a contract. This form notifies the recipient of a breach of contract and explains the potential consequences. Employers, companies, and individuals use this notice to handle infractions and protect information.
Use Legal Templates’s free notice of breach of an NDA to communicate the violation and the next steps. Our step-by-step form helps you create an effective notice and protect confidential information.
Use a similar notice to address violations relating to a confidentiality agreement or non-compete contract.
What to Do After an NDA Breach
When the terms of an NDA are broken, it’s essential to respond quickly and accurately. Begin by reviewing the conditions of the original NDA document. Use the original contract to check that the breach actually occurred or violated the policies. Keep in mind that an NDA cannot protect information regarding sexual harassment and illegal, fraudulent, or harmful activity. Additionally, common knowledge or information developed individually cannot be covered by an NDA.
If you determine that a legal breach of the NDA has occurred, investigate and record the scope and impact. Also, work to determine the timeframe of these violations. Gathering these details can help you choose the next steps for legal action. Depending on the severity of the violation, consider options such as filing a lawsuit, imposing fines, or terminating the employee, if these actions are permitted by the terms of the agreement.
How to Write a Notice of Breach for an NDA
Drafting a notice for an individual who has breached an NDA requires you to include the proper information and format. Use the steps below to create your notice and communicate with the violator.
1. Record the Date
Start by providing the date on which you draft the notice. Include the exact day of writing to serve as proof of the notice date and ensure proper documentation. Having the correct records helps in case of disputes regarding the timeline of claims and responses.
2. Identify the Parties Involved
Also include the full legal names and contact information for each party involved in the NDA and the notice of the breach. Identify the party sending the notice as the claimant and include information about the respondent who will receive it.
3. Describe the Breach
Record the date on which the original NDA was signed to show the agreement being referenced. Then describe the nature, scope, and harm of any confidential information that the respondent shared and how it breaks the terms of the original contract. Having a clear understanding of the extent of the violations can inform the remedies or fines applied.
4. Provide Remedies
Once you’ve established the issues and violations, you may give the respondent an opportunity to respond and discuss remedies. Depending on the extent and severity of the breach, remedies may include fines, formal warnings, or court orders to cease sharing information. If the violator is an employee working under an NDA, the remedy may also include termination of employment. Ensure that any remedies are allowed by state law and the contract itself.
Sample Notice of Non-Disclosure Agreement Breach
Legal Templates’s free notice of a breach of a non-disclosure agreement helps you address and stop individuals who violate the terms of their contract. Use our customizable notice, available in PDF and Word format.
