The scope of protection under a Non-Disclosure Agreement (NDA) depends on the terms specified within the agreement. At Designity, there are two NDA options available: the standard Designity NDA and a custom NDA from the client. Please carefully review the NDA, especially if it is not the standard one provided by Designity, to understand the coverage comprehensively.
Information protected under an NDA often does not include the design work itself. Instead, it typically pertains to details the client provides to help us understand their brand, services, products, etc. Importantly, any work that is publicly available and accessible is no longer covered by an NDA.
When reviewing the NDA, pay attention to these specific points:
Published versus Unpublished Work:
Check if the NDA specifies anything regarding published versus unpublished work. If not, all published work is generally not included under an NDA.
Mentioning the Client Name:
Verify if the NDA explicitly mentions restrictions on mentioning the client name. If it doesn't, the client or company name can be used publicly.
Definition of Confidential Information:
Clearly identify what information is considered confidential under the agreement. This section outlines the scope of protection.
Duration of Confidentiality:
Determine the time frame during which the confidentiality obligations apply. Some NDAs have a defined period, while others may extend indefinitely.
Exclusions from Confidentiality:
Look for any exceptions or exclusions to what is considered confidential. Certain information, such as that already in the public domain, may be excluded.
Permitted Disclosures:
Check for clauses that allow disclosures under specific circumstances, such as to employees or contractors who need the information for the project.
Purpose of Disclosure:
Understand the purpose for which the confidential information is being shared. The agreement may specify limitations on how the information can be used.
Consequences of Breach:
Review the consequences or remedies outlined in case of a breach of the NDA. This could include monetary damages, injunctive relief, or other legal actions.
Given that our Designity Best of Voting is an internal meeting and competition, you are allowed to present work from clients under NDA. If you happen to win with such work, remember to note that in the Best of Voting submission form.
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