Interlegal consulted IT-company upon specifications for applying NDA in Ukraine

A foreign company engaged in AI, Big Data, IoT, software installation and maintenance, applied to Interlegal. The company planned to expand its geographical range of service followed by promotion to the Ukrainian market, which caused several corporate issues, including issues upon commercial secret safety, among further employees. In EU member states, a typical instrument of defense is Non-Disclosure Agreement (NDA); a similar one was planned to apply in Ukraine.

Interlegal task was to analyze practice of applying such agreement in Ukraine, safety degree and potential risks for the owner of commercial secret rights. NDA should have been concluded with the entity personnel in the framework of labour relations, which has its own specifications.

In the framework of consulting, Interlegal lawyers explained specifications of implementing NDA clauses into the Ukrainian entity’s labour order, fixed rights and obligations of employees under the Ukrainian labour legislation and highlighted NDA weak spots in defense of employer’s rights.

It should be noted that NDA application differs in labour and commercial relations. As explained to the Client, NDA concluded with business entity is often a more effective instrument with regards to commercial secret safety and liability for its disclosure. The following stage was making a draft NDA.

Interlegal junior lawyer Viktoria Yankovskaya and associate attorney Marta Sverdlykivska, managed by partner Irina Voyevodina, led the case.