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Non Disclosure Agreement French Law

In the case of the illegal purchase of a trade secret, the lawful holder of the trade secret is entitled, without prejudice to the declaration of compensation, to prohibit the use or disclosure of that secrecy and the prohibition of the manufacture or marketing of goods resulting significantly from a violation of that secret. If the acquisition of a stake in a company results in the disclosure of information covered by the definition of trade secrets, it is in the interest of the ceding company and the target company to clearly recognize what falls within the category of trade secrets, the confidentiality agreement, or to enter into a specific agreement regarding those secrets. The potential buyer should also endeavour to limit the risk of abusive proceedings against him, particularly in the event that negotiations fail or if the potential buyer held or could hold a stake in a competing company. Confidentiality agreements should therefore be revised to take into account this new law and the risks and opportunities that arise from this law. The conclusion of a Confidentiality Agreement (NDA) allows the dividing party to ensure that all of its information remains confidential and will not be disclosed to third parties. On the contrary, in the event of an illegal purchase of trade secrecy, the holder of the trade secret may obtain a stay of the use of that trade secret by the third party concerned and seek corrective action. The acquisition is particularly illegal where the acquisition is based on unauthorized access to the information concerned or on any other conduct considered abusive and incomprehensible in the current circumstances. The use or disclosure of a secret is also illegal if it constitutes a breach of a confidentiality obligation or a violation of a duty to restrict the use of relevant information. This agreement can be used to protect confidential information in domestic and international negotiations.

A model of the confidentiality agreement (also known as a confidentiality agreement) that is intended to protect certain sensitive information (financial, business or technology information) provided in the context of negotiations between companies.

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