What are the implications of an NDA?

ls182016-08-16 13:33:37

Freelance

ls18, 2016-08-16 13:33:37

Hello, I need advice. I get a job, remotely, informally. They ask you to sign a non-disclosure agreement (NDA). And in this very NDA you need to indicate your passport data (not a scan, just data). Isn't it dangerous to indicate such data in my case?

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10 answer(s)

Dmitry Entelis, 2016-08-16
@DmitriyEntelis

NDA is fine.
In fact, the NDA does not work in the Russian Federation, but at least they conceptually regulate what is possible and what is not.

Ivan M, 2016-08-16
@noby2000

1) is not fraught with anything. The NDA is signed to communicate with you calmly and openly, including with confidential information. More common in Western jurisdictions. Yes, the NDA is also signed before the interview, and this does not mean that you will be hired. Personally, I think that any discussion of project details should start with an NDA.
2) your passport details are needed for your identification. Doesn't it bother you that when buying a car, an apartment, going to a notary, ordering an air ticket, getting a job, concluding any other contract, giving a receipt, you indicate passport data? Really, nothing to worry about...
3) But your big mistake would be not to sign an employment contract, an author's order, or otherwise not regulate your employment relationship. Do not forget to indicate there the moment of transfer of copyright for the development to the customer (for example, the moment of payment). This is where the catch lies: working without a contract but with an NDA, your code can be THEIR trade secret, regardless of payment.

Dmitry Kovalsky, 2016-08-16
@dmitryKovalskiy

The last time I delved into the NDA, one key phrase was written there - "in case of violation of this agreement, the parties are liable in accordance with the legislation of the Russian Federation." No matter how much I searched, I did not find what kind of responsibility it is. Apparently "a breach of contract", which has a fairly blurred boundaries of responsibility. The main liability is "indemnification" in the event that the court decides to actually collect them from you and agrees with the amount claimed by the injured party. A company of sound mind and sound memory should generally use the terminology "trade secret". There, the boundaries are spelled out more precisely and responsibility.

Puma Thailand, 2016-08-16
@opium

it’s not fraught with anything, I already signed a hundred of them,
I think that passport data should be public, and for the most part they are, it’s not very difficult to get into the database of Russian passports as a whole.

Dmitry, 2016-08-16
@plin2s

In addition to all the answers, if you transfer your personal data to the employer (passport, full name, phone number, something else), you must separately sign the agreement form for the processing of personal data. If we are talking about the Russian Federation, of course. This should be controlled, first of all, by the employer.

Dmitry Evgrafovich, 2016-08-16
@Tantacula

Read the nda contract that the employer gives you to sign, everything is written in it. They are not universal.

Sanes, 2016-08-16
@Sanes

You can set a price tag to immediately refuse. And do not refuse, earn. It is almost impossible to accuse of disclosure if you intentionally did not leak information.

other_letter, 2016-08-16
@other_letter

By themselves, passport data does not carry danger, of course. More precisely, they carry it, but it is extremely unlikely that this particular case will be a problem.
The contract and the NDA, in my opinion, are not related at all. As, for example, an agreement on the observance of trade secrets (a kind of surrogate). Above many times written - read carefully and think.

elperus, 2016-09-13
@elperus

If, as they say here, "our law does not have working mechanisms to force you to comply with the NDA and bear responsibility for it," then the question is, what, the customer has nothing more to do, that he asks to sign a document that is completely useless for him?

puloparaf, 2017-06-15
@puloparaf

Hello, I need advice. I get a job, remotely, informally. They ask you to sign a non-disclosure agreement (NDA). And in this very NDA you need to indicate your passport data (not a scan, just data). Isn't it dangerous to indicate such data in my case?

The passport was given to you in order for you to present it.
That is, the presentation of their data is an ordinary situation.