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Online NDA?

Discussion in 'Legal Issues' started by Blitz, Dec 27, 2005.

  1. #1
    Does anyone know if an NDA can be made online for people to sign with a tickbox? Otherwise is it common practice to use physical documents?

    Thanks
     
    Blitz, Dec 27, 2005 IP
  2. CJJR

    CJJR Peon

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    #2
    Although this is based on North American laws, I’m pretty sure the same principles applies in the UK; any type of contract is binding, whether it’s verbal, written, online, over an email, over an IM etc… As long as you can prove it, if needed, there’s no problem.

    In the case of an online NDA form, make sure that the person fills in his contact information and ticks the box or put his initial as a signature, and you’ll have a binding NDA. Having a written document, signed by hand is maybe preferable, but only because it’s an easier proof when needed.
     
    CJJR, Dec 29, 2005 IP
  3. raycampbell

    raycampbell Peon

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    #3
    What are the terms of the NDA? Are you requiring them not to go into the same line of business? Are you simply requiring them not to disclose the information you provide? Do you have an out for information already in the public record? How do you expect to discover breaches? How eager are courts in your jurisdiction to enforce an NDA? Will any of the terms in your NDA affect the willingness of courts in your jurisdiction to enforce an NDA? How eager are courts in your jurisdiction to enforce contracts of adhesion? What legal consideration are your providing to the folks who check the tick box? If those folks feel that the consideration delivered was not the same as the consideration promised, can they sue you? If they can, have you thought about where and how you might be sued? Will the courts in your jurisdiction assert personal jurisdiction over non-residents who check the tick box? If they won't, how and where do you propose to bring suit against the people who arguably violate the NDA? Will the forming of a contract with a non-resident work, under the laws of any foreign jurisdiction, to subject you to personal jurisdiction in that jurisdiction since you are contracting with and promising consideration to its nationals? If so, are you prepared to go to Tibet/Tanzania/Turkmenistan to defend yourself against suit? If you choose not to go to Tibet/Tanzania/Turkmenistan to defend against a suit, do you know whether the courts of your jurisdiction will enforce a default jurisdiction against you? What business purpose are you trying to achieve, and is an NDA really the way to do it?

    Not to belabor the obvious, but the sensible way to do this is to start with the last question, go to a competent lawyer, and work from there.
     
    raycampbell, Dec 30, 2005 IP
  4. Blitz

    Blitz Well-Known Member

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    #4
    Woah. Thanks I guess, but I think you have too much time on your hands, hehe.
     
    Blitz, Dec 30, 2005 IP
  5. nevetS

    nevetS Evolving Dragon

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    #5
    Never leave something that important to be disputable. Use physical documents.

    If ever the need arose to pursue legal action, you would first need to prove that the online form was valid, then that it was checked, then that it was reviewed, then that it was approved before you can even pursue the question as to whether it was violated.

    You save yourself 20+ hours of legal fees by using a physical document from the beginning, and that's if your lawyer doesn't have to spend two weeks researching legal issues surrounding online forms as legal documents.
     
    nevetS, Dec 30, 2005 IP
  6. chrislw

    chrislw Peon

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    #6
    I have just signed an NDA using a website for document signing. I used my twitter account to verify it was me, and have now recieved a pdf of the document I just signed. Before signing, I also questioned whether it was valid and according to my solicitor the act of signing this document using the service would stand up in US and EU courts of law, but it would be the content of the document that I had signed that would be the main item of scrutiny and open to legal interpretation. Anyway this is the first site I have seen of it's kind and it might be worth checking out if you after this type of thing, I'm using the free version for now. Here's the link: www.docshaker.com

    Adios, Christo
     
    chrislw, Nov 7, 2009 IP
  7. profile.php76

    profile.php76 Peon

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    #7
    I tried this recently and works well. Good Luck!
     
    profile.php76, Apr 30, 2011 IP
  8. profile.php76

    profile.php76 Peon

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    #8
    I used snapNDA.com. Works well
     
    profile.php76, Apr 30, 2011 IP
  9. AstarothSolutions

    AstarothSolutions Peon

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    #9
    Works well?? The only way you can tell if it works well or not is if you successfully recover losses from someone who broke an NDA agreed via this service..... is this the case, or are you just spamming?
     
    AstarothSolutions, May 6, 2011 IP
  10. HostHatch

    HostHatch Greenhorn

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    #10
    I would like to know what snapNDA.com is. The website URL does not work for me, are you sure that's it? I am quite in the similar situation the OP is in, would like to know. Thanks.
     
    HostHatch, May 7, 2011 IP
  11. peter212

    peter212 Peon

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    #11
    Thanks Peon!!!snapNDA.com is a very convinient solution.
     
    peter212, Aug 2, 2011 IP
  12. Laora

    Laora Peon

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    #12
    yes its is common practice
     
    Laora, Oct 28, 2011 IP