If you`ve ever thought about creating software, or even conceding it, you`ll probably have come across what`s called the software`s source code. To reduce the likelihood of abuse, theft or disclosure of your software`s source code, you can use an NDA to expressly predict that you want all confidential information – and copies of that information – to be returned or deleted. If your software and all related information and documents are displayed and viewed by several parties (employers, consultants, independents working with the other party), you can also insert a clause in which it will ask for a list of all parties who have had access to your confidential information. As you can see, a well-developed privacy agreement is an essential security measure both when entering the negotiation phase with a software outsourcing provider and later in the future during the IT project itself. It should be noted that other individuals or companies may also be contracting parties. In other words, should the recipient show the confidential information to a related or related third party? In this case, the NDA should also cover these third parties. On the other hand, if you disclose the source to a freelancer/independent contractor who is working on your software project, you want to make sure that all the work produced by the freelancer during the project becomes your task, especially if you paid for the work. This section of an NDA for software development determines what types of information are considered confidential. Is it just written information? Should oral information be kept secret? As a revealing party, make this definition as much as possible to prevent the recipient from using loopholes. It is important to be clear about what type of information is confidential. Secondly, the approach of the legal department of the other part will give you an overview of what you can expect from possible cooperation in the future in terms of flexibility, speed of contact and all its commitment.
If people work for you as employees or subcontractors, it may be necessary to share some of the protected information with them in order to fulfill your obligation. If this is the case, make sure that the NOA contains provisions for these individuals. This means that the subcontractor/employee must also sign an agreement that binds them to the same discretion.