A non-disclosure agreement (NDA) is a legal contract between two parties that restricts the sharing of confidential information. In Kenya, NDAs are used to protect sensitive information such as trade secrets, business plans, or other proprietary information from being disclosed to unauthorized parties.
Here are key points about NDAs in Kenya:
- Enforceability: NDAs are enforceable in Kenyan courts as long as they are executed in accordance with the law.
- Elements of an NDA: An NDA must include the definition of confidential information, the parties involved, the period of time the NDA is in effect, and the restrictions on the use and disclosure of confidential information.
- Exclusions: There are certain exclusions to the obligations under an NDA, such as information that is already in the public domain, or information that is independently developed by a party without the use of confidential information.
- Remedies for breach: If a party breaches the NDA, the non-breaching party may be entitled to seek damages, an injunction, or other relief.
- Duration: The duration of an NDA can be specified in the agreement, but typically it lasts for a period of years after the end of the relationship between the parties.
- Legal Advice: It is advisable to seek legal advice before entering into an NDA to ensure that the agreement is valid and enforceable.
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This post is for general information and does not constitute legal advice.