Comments on: About Non Disclosure Agreements http://blog.gabrielsaldana.org/about-non-disclosure-agreements/ About emacs, web development, free software and other lifestyle topics Mon, 09 Jan 2012 19:08:08 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Alexwebmaster http://blog.gabrielsaldana.org/about-non-disclosure-agreements/comment-page-1/#comment-2051 Alexwebmaster Tue, 03 Mar 2009 11:40:06 +0000 http://blog.gabrielsaldana.org/?p=239#comment-2051 <p>Hello webmaster I would like to share with you a link to your site write me here preonrelt@mail.ru</p> Hello webmaster I would like to share with you a link to your site write me here preonrelt@mail.ru

]]> By: Jorge Mafud http://blog.gabrielsaldana.org/about-non-disclosure-agreements/comment-page-1/#comment-1988 Jorge Mafud Thu, 12 Feb 2009 16:11:20 +0000 http://blog.gabrielsaldana.org/?p=239#comment-1988 <p>Hello there... I'd like to pitch in... NDAs are agreements that most big companies requiere to be signed because they create more of a moral stand than a legal one... it's like saying "I'm telling you you should not disclose my info to anyone...". Now, is it enforceable in Mexico... I think not... why? Because for confidential information to be confidential, it should be known to a reduced number of people... usually, confidential information is know to A LOT of people in an organization... how is the organization going to be able to prove in court that it was you who disclosed it??? There's no way!!! Unless, of course, the info really confidential and it could have only been your or if the organization has some kind of written evidence of your wrongdoing...</p> <p>Now, NDAs are usually very poorly written... yes... why? Because for an NDA to be correctly written it would need to be very very specific and what organizations want is a "catch all" agreement... same that makes it ambiguous and therefore, worthless...</p> <p>Are non-compete clauses valid... no if your are a natural person signing... why? because the Mexican constitution protects your right to work... if you are a corporation, mmmm maybe there could be a case but, I do not think an organization will really sue you for working with a competitor.... it would be too hard to prove the damages (unless there's a liquidated damages(pena convencional) provision in the NDA)...</p> <p>Hope this ideas are usefull and, if you want, I can sure help you revising any NDA (and any other kinds of agrements)...</p> <p>Best Regards!</p> <p>Jorge Mafud</p> Hello there… I’d like to pitch in… NDAs are agreements that most big companies requiere to be signed because they create more of a moral stand than a legal one… it’s like saying “I’m telling you you should not disclose my info to anyone…”. Now, is it enforceable in Mexico… I think not… why? Because for confidential information to be confidential, it should be known to a reduced number of people… usually, confidential information is know to A LOT of people in an organization… how is the organization going to be able to prove in court that it was you who disclosed it??? There’s no way!!! Unless, of course, the info really confidential and it could have only been your or if the organization has some kind of written evidence of your wrongdoing…

Now, NDAs are usually very poorly written… yes… why? Because for an NDA to be correctly written it would need to be very very specific and what organizations want is a “catch all” agreement… same that makes it ambiguous and therefore, worthless…

Are non-compete clauses valid… no if your are a natural person signing… why? because the Mexican constitution protects your right to work… if you are a corporation, mmmm maybe there could be a case but, I do not think an organization will really sue you for working with a competitor…. it would be too hard to prove the damages (unless there’s a liquidated damages(pena convencional) provision in the NDA)…

Hope this ideas are usefull and, if you want, I can sure help you revising any NDA (and any other kinds of agrements)…

Best Regards!

Jorge Mafud

]]> By: gabrielsaldana http://blog.gabrielsaldana.org/about-non-disclosure-agreements/comment-page-1/#comment-1973 gabrielsaldana Tue, 27 Jan 2009 22:20:28 +0000 http://blog.gabrielsaldana.org/?p=239#comment-1973 <p>Ismael,</p> <p>That clause is not valid in Mexico. I consulted that particular item with my legal counselor and told me that it is invalid on any court. You can find all details on what's valid and what's not on the document called "Ley Federal del Trabajo".</p> Ismael,

That clause is not valid in Mexico. I consulted that particular item with my legal counselor and told me that it is invalid on any court. You can find all details on what’s valid and what’s not on the document called “Ley Federal del Trabajo”.

]]> By: Ismael http://blog.gabrielsaldana.org/about-non-disclosure-agreements/comment-page-1/#comment-1971 Ismael Tue, 27 Jan 2009 18:35:16 +0000 http://blog.gabrielsaldana.org/?p=239#comment-1971 <p>Anybody knows if in Mexico the clauses like "Prohibiting to work with a competitor or freelancing for a period of time" are enforceable?</p> <p>I'd think that such a clause goes a little too far (after all, the contract is done when it's done, right?), but I've failed to find anything in Google.</p> <p>Any clues?</p> Anybody knows if in Mexico the clauses like “Prohibiting to work with a competitor or freelancing for a period of time” are enforceable?

I’d think that such a clause goes a little too far (after all, the contract is done when it’s done, right?), but I’ve failed to find anything in Google.

Any clues?

]]> By: Gunnar http://blog.gabrielsaldana.org/about-non-disclosure-agreements/comment-page-1/#comment-1970 Gunnar Tue, 27 Jan 2009 14:15:52 +0000 http://blog.gabrielsaldana.org/?p=239#comment-1970 <p>I hope you have not signed any, or that you refuse to sign the very next one you get. You might say you have no career recognition, but I can give you several dozens of people (of course, me included) who have learnt quite a bit from you, respect you and disagree with your self-degrading asseveration ;-) What would happen if somebody wants to hire you and you refuse to sign the NDA? That would clearly show you where you stand. Do they want you badly enough to <em>think</em> and realize they are requiring nonsense?</p> I hope you have not signed any, or that you refuse to sign the very next one you get. You might say you have no career recognition, but I can give you several dozens of people (of course, me included) who have learnt quite a bit from you, respect you and disagree with your self-degrading asseveration ;-) What would happen if somebody wants to hire you and you refuse to sign the NDA? That would clearly show you where you stand. Do they want you badly enough to think and realize they are requiring nonsense?

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