I. Clarify the contents of the agreement
The confidentiality agreement shall specify the scope, duration, confidentiality responsibility and liability for breach of contract of confidential information. The scope of confidential information should be specific and clear to avoid ambiguity. The confidentiality period should be set reasonably according to the actual situation to ensure that confidential information is properly protected within the validity period. At the same time, both parties should clarify their respective confidentiality responsibilities and breach of contract responsibilities when violating the agreement.
Second, ensure the legitimacy of the agreement.
The contents of the confidentiality agreement must comply with the provisions of national laws and regulations, and shall not infringe upon the legitimate rights and interests of the state, society and others. In addition, the terms in the confidentiality agreement should be fair and reasonable, and there should be no obvious unfairness or other illegal circumstances. In order to ensure the legality of the agreement, it is recommended to ask a professional lawyer to review it before signing it.
Third, standardize the signing process.
The signing process of confidentiality agreement should be standardized and rigorous. Both parties shall sign the agreement and affix the official seal or special seal for the contract. If one party is a legal person or other organization, it shall provide a valid business license, identity certificate of its legal representative and other documents. In addition, when signing the confidentiality agreement, both parties should ensure that they have the qualifications and ability to sign the agreement, so as to avoid the invalidation of the agreement due to the unqualified subject.
Fourth, preserve relevant evidence.
After signing the confidentiality agreement, both parties shall properly keep the original agreement and relevant evidence so as to provide effective proof in case of dispute. At the same time, it is recommended to regularly check and evaluate the implementation of the confidentiality agreement to ensure its effective implementation.
To sum up:
How to sign a confidentiality agreement has legal effect, it is necessary to ensure that the content of the agreement is clear and legal, the signing process is standardized and rigorous, and relevant evidence is properly preserved. Only in this way can the confidentiality agreement give full play to its legal binding force and protect the legitimate rights and interests of both parties.
Legal basis:
Contract law of the people's Republic of China
Article 32 provides that:
If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it.
Contract law of the people's Republic of China
Article 44 provides that:
A legally established contract shall take effect upon its establishment. Where laws and administrative regulations stipulate that examination and approval, registration and other procedures shall be handled, such provisions shall prevail.
People's Republic of China (PRC) Anti-unfair Competition Law
Article 9 provides that:
An operator shall not commit the following acts that infringe on business secrets:
(1) Obtaining the business secrets of the obligee by improper means such as theft, bribery, fraud, coercion or electronic intrusion;
(2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph;
(3) disclosing, using or allowing others to use the business secrets in their possession in violation of confidentiality obligations or the requirements of the obligee to keep business secrets;
(4) instigating, luring or helping others to obtain, disclose, use or allow others to use the business secrets of the obligee in violation of the confidentiality obligation or the obligee's requirements for keeping the business secrets.
If a natural person, legal person or unincorporated organization other than the operator commits the illegal acts listed in the preceding paragraph, it shall be regarded as infringement of trade secrets. The term "business secrets" as mentioned in this Law refers to technical information, business information and other business information that are not known to the public and have commercial value and are kept confidential by the obligee.