Legally, it may be true that signing an NDA binds you to the requirements of the NDA. However, is it the case that we should accept that signing means understanding? Just as one example, on the first day of employment, a new employee fills out and signs a number of documents. They don’t realistically read every word of every agreement they are signing. What if 25 years later, they are sued for violating the conditions of that NDA that they signed 25 years before and were never provided a copy of? Is that equitable?
In a short briefing paper, provide your thoughts on how to move from someone just signing an NDA to actually understanding the content of the document, and what he or she is legally expected to do and not do.
In the scope of your paper, consider and comment on the following:
- In the field of medicine, there is a concept of “informed consent,” which states that an informed consent can be said to have been given based upon a clear appreciation and understanding of the facts, implications, and consequences of an action. Should laws change to require “informed consent” for NDAs?
- What are the arguments for and against such a concept, and what is your view?
- Do you have any specific recommendations for what a business could do to increase the effectiveness of NDAs?
Your paper should be clearly written. Your completed paper should not exceed five double-spaced pages. Think beyond the legal effect of signing and consider how we could make sure that people understand what they sign. If citing expert references, remember to use APA style.
As with all of the assignments for this course, there is an expectation that you can express yourself effectively in writing. Put another way, spelling and grammar count. Feel free to use spell-checkers and/or grammar-checking tools.
For this and all assignments in this course, you should be aware that our expectation is that you will expend considerable time and do research in connection with the assignment. We expect you to present arguments that are backed up by citations, which can be in the form of footnotes or endnotes at your choice. A bibliography isn’t enough. You need to demonstrate how your references tie into your arguments. Note that all references should be in the required APA format. In summary, the work you submit should provide evidence of the time you spent and the effort that you expended in preparing your submission.