Nondisclosure is defined as a “failure to reveal or disclose information.” However, for individuals who have been charged with a criminal offense, nondisclosure is not a failure at all but rather a vital step that will allow them to carry on with their lives.
A nondisclosure agreement is often used in product liability cases when the company or manufacturer of a defective product agrees to pay the plaintiff a settlement as long as they keep the details of their case private. In criminal cases, nondisclosure may also come into play when a case has resulted in probation or deferred adjudication.
Most nondisclosure agreements are comprised of five basic elements:
1. Confidential Information. The specific information that is meant to be confidential is not usually revealed in the agreement itself, but rather a description of the type of information.
2. Exclusions. This is a description of the type of information for which the agreeing party has no duty to protect.
3. Obligations & Responsibilities. The agreement should clearly spell out the duties of all parties involved.
4. Time Period. The nondisclosure agreement should also set forth the period of time during which the agreement is to be enforced.
5. Provisions. Further provisions are often added at the end and include such things as which state law applies to the contract, how disputes should be handled, and the punishments for failing to uphold the agreement.
While there are certain standards included in most nondisclosure agreements, that’s not to say they are all the same. Many rules regarding nondisclosure statutes vary from state to state. Even within a state, changes to the laws regarding nondisclosure can vary from year to year.
For instance, in Texas, new nondisclosure guidelines were enacted in September 2015. This major shift in the Texas criminal justice system was radically different from previous versions.
Before you enter into a nondisclosure agreement with a company, government agency or another individual, you should always be sure to lawyer up. An expert attorney will be able to negotiate with your best interests in mind and ensure that you don’t get the raw end of the deal.