As regards the non-competition rules, a fixed amount is indicated, as it is difficult to determine the impact of the infringement. It should be noted that in cases of non-competition, the lump-sum damages clause cannot be based on the worker`s salary. This clause should include the possible consequences of an infringement and expressly respect your right, as a party to the disclosure, to seek appropriate remedies. The lump sum damages clause in the confidentiality agreement obliges one party to pay the other party a predetermined sum of money in the event of a breach. While the aim is to avoid possible disputes and to deal with infringements quickly, reality has not shown this. Estimating losses due to an infringement can be difficult, as future profits are unknown. It is known that any future infringement will harm and harm the company. In the legal world, many disapproving clauses that specifically award attorneys` fees or punitive damages to the party making them public should have priority in the event of a violation. In addition to the obvious need to define the parties to the disclosure and the recipients, a secret should also include a clause defining to whom the receiving party may disclose confidential information in the context of due diligence and business interviews. In the event of a breach of a confidentiality agreement, in particular by celebrities, the clause should contain language that would deter third parties from promoting an infringement. The indication of liability and related costs, which are imposed on the third party, limits the possibility of an infringement.
When it comes to a celebrity, this can happen when a newspaper or magazine tries to share confidential information with the celebrity`s employee. You wish to be prepared for this unfortunate event by insequential in your secrecy a clause indicating which court is competent for any legal action arising from it. The cost of an infringement can be difficult to calculate or prove, so a mutual agreement in advance, which is a fair remedy, will help you avoid lengthy litigation afterwards. Often, employees who work for celebrities do not have legal representation and may not fully understand the clause. In order to prevent this from causing a problem in possible future legal proceedings, the celebrity should urgently encourage the employee to be represented before signing. The celebrity may also offer to pay all attorneys` fees incurred. In other words, the amount of lump sum damages must be linked to a realistic estimate of the business losses that could result from a breach of the NDA. . . .