The axiom of foreign practice is that the beginning of successful legal relations in any field is the signing of non-disclosure agreements or NDA («non-disclosure agreement»), but in Ukraine this type of agreement is not very popular. The problem of legal regulation of NDA in the Ukrainian legislation is non-systematic approach and scattered» norms, but judicial practice proves that such agreements work, and therefore, lawyers in the field of e-sports face with the task of making NDA effective both for e-sportsmen and for other entities in the field of gaming.
This contract serves as a guarantee to prevent a leak of any confidential information: from trade secrets to personal data. In addition, the purpose of the NDA is to provide compensation in case of company losses if a leak does occur. To increase the effectiveness of such contract, it is necessary to avoid templatelanguage and to prescribe legal working mechanisms for a winning position in case of the litigation.
Each company decides for itself what to include in such contract. As a rule, there are some points that are indicated in the NDA: parties; definition of confidential information; definition of non-confidential information; conditions of information disclosure (lawful disclosure); determination of ways of disclosing information; fines and obligations to make reparations. Among other things, do not forget to indicate the place to hear the dispute, which may be the Ukrainian court, the sports arbitration court, as well as a court at the location of your counterparty (if it is a non-resident).
The key to a successful NDA is the list of confidential information that the company has the right to determine independently.