Why we do not sign an NDA (Non-Disclosure Agreement) with potential customers

Kindly allow us to explain:

We honestly cannot keep track of the obligations with regard to all the NDAs we sign against the amount information exchange that happens in a creative industry like ours. Over the years we’ve done thousands of calls all form all over the world. If we were to sign an NDA, it might be impossible for us to track and be aligned and be in legal compliance with all the agreements we might be a signatory to.

The information you provide is forwarded to subject matter experts, we usually obfuscate any personally identifiable information about the corporate &/or the person submitting the information. With an NDA , we cannot have this freedom. Furthermore, how the information will be shared further by a party we disclose to, after taking your permission, is something we have no control over

An NDA in most cases would require us to segregate information that is deemed confidential or not, train our entire team on this, that again would be a Herculean task if we had to sign an NDA with everyone.

We try to ensure that anything that would be deemed confidential (tech, business, partnerships and financials) are not shared with non-essential stakeholders. In fact so much so, we go the extra-length to tell you, not to share anything confidential with us.

Jurisdiction-wise we would be in a nightmare, as everyone would contest any violation of the NDA in their appropriated jurisdiction. We cannot sign up for that.

Time-wise, we would have to read each and every NDA, go back and forth over clauses, involve the attorney for even minor updates/edits, etc. all of which costs time and money – we don’t have.

Deletion of information. An NDA also forces us to ‘delete’ (i.e. remove, destroy, return back) information, which we cannot do, or is not possible with 100% certainty in this day and age of digital backups, data retention laws, data retention and storage policies, caches, off-site backups, etc. Which law takes precedence? The data retention laws of my geographic area? or that where the data resides? or that were the company is incorporated? or that of the NDA?

Our whole efforts is to find a suitable solution that would best fit your needs which require working with alot of individuals and vendors, and NDA represents a huge obstacle.

If not signing an NDA is a deal-breaker, in light of the above explanation, we would request you to kindly reconsider. We are always happy to take a call to explain further if you would like to speak. Click here to schedule a call.