A non-disclosure agreement is a common inclusion in employment contracts or agreements. The main intent is to protect your employer’s intellectual property and other ideas. It prevents you from sharing information about the company.
If your break an NDA, the main repercussion is that the company can sue you for damages. This is often enough of a threat to prevent a breach. However, PBS explains that in some cases, you may not face a lawsuit for breaking an NDA.
Exceptions
There are some situations in which you can break an NDA without anything negative happening to you. The main exceptions are if a court compels you to release information or if you are in a situation where you have to answer questions from law enforcement or government officials.
It is also possible for a court to find the NDA illegal or otherwise a violation of your rights or public policy. In this case, you would have no repercussions for a breach.
Breaching
In all other situations, if you share information covered by the NDA, you will face potential repercussions. Your employer can sue you and collect damages. The court will typically also make you pay for the costs of litigation, which can be expensive.
To sue you successfully, the company must show the contract was valid and that you broke the terms. You should assume the company can do this.
If you breach an NDA, you can expect that the company will do something about it. The outcome will greatly depend on the situation, though, but can include you having to pay large amounts of money.
