NDA is enforced through legal bodies operating in a particular company. It is important to note again here that Rapid Collaborate does not provide any support in its enforcement, while it is a technology platform used by many academic research support companies to help their clients generate NDA in quick and easy manner. In case of breach of contract/agreement, client will have to take up directly with the company/consultant providing the services or initiate appropriate legal action.
Usually breach of NDA is a civil offence; however, it may differ in classification as per the law of land. You can check for the penal code or consult a legal expert to seek recourse. Usually, both parties agree that the Disclosing Party shall be entitled to injunctive relief preventing the dissemination of any Confidential Information in violation of the terms hereof. Such injunctive relief shall be in addition to any other remedies available, whether at law or in equity. Disclosing Party shall be entitled to recover its costs and fees, including reasonable attorneys’ fees, incurred in obtaining any such relief. Further, in the event of litigation relating to NDA, the prevailing party shall be entitled to recover its reasonable attorney’s fees and expenses.
Client is expected to notify the consultant immediately on discovery of any unauthorised use of data/process/research design as the first step before seeking a legal recourse on the same. Usually the liability of consultant/company is limited to the value of the service contact for NDA or any other service agreements made and hence it is important to make a note of the same.