Is an unsigned confidentiality notice in the preface of a business plan enforceable?

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Is an unsigned confidentiality notice in the preface of a business plan enforceable?

Sample language: By accepting delivery of this Memorandum, you acknowledge and agree that all of the information contained herein is of a confidential nature and may be regarded as material non-public information. Is this language, unsigned, sufficient to protect the plan author and owner and litigate in case of breach of confidentiality?

Asked on March 10, 2011 under Business Law, Alaska

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Any unsigned agreement in this situation is wholly unenforceable or the enforceability is at a minimum in question.  For example, if you plan on releasing confidential documents for use in a hearing or for a limited purpose to someone, you need to ensure that you have all the cards on your side and don't release anything until you get a signature. Simple delivery is not sufficient for a number of reasons, including the possibility the delivery is not perfected or it is submitted to the wrong person.   Further, if the information is actually something that is not considered private, the confidentiality agreement can be voided.


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