Force of Good

The Non NDA NDA

Dec 10, 09 in Entrepreneurship   9 Comments

The subject of non disclosure agreements has come up from time to time on FoG.  ATDC and investors do not sign NDAs.

Entrepreneurs don't seem to like that and often try to slip non disclosures and confidentiality clauses in presentations, emails, and the like.

I recently received this email, reproduced in its entirety.  The personal information of the sender has been masked.

Please find the attached document for review purposes.

Name
Founder & Chief Executive Officer
MyStartup, Inc.
Office #: 314.159.2653

NOTICE: This e-mail message and all attachments transmitted with it contain legally privileged and/or copyrighted, confidential information intended solely for the review of the addressee. If the reader of this message is not the intended recipient – without regard of if this message were forwarded to the reader by the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited without the expressed written consent of MyStartup, Inc. If you have received this message in error, please notify MyStartup, Inc. immediately by telephone  (314.159.2653) or by electronic mail info@mystartup.com and delete this message and all copies and backups thereof.

By downloading any attached materials, you agree to maintain the attachments as confidential. Therefore, they should not be disclosed or forwarded to any third parties without the expressed written consent of MyStartup, Inc. Any breaches of said confidentiality will be dealt with to the full extent of the law.

So here is an entrepreneur reaching out to me to review their business, seeking advice, and outlining legal action if I break some click through confidentiality agreement. I don't think so. My reply in it's entirety.

I am deleting this email. If you care to send something without the legal footer we can proceed.

It's tempting for both experienced and first-time entrepreneurs to slide notices of confidentiality into documents.  Resist the temptation.  It shows a certain lack of sophistication that as an entrepreneur you do not want to project.

Comments

Amen. I've never understood why any entrepreneur would think I (or anyone) would open themselves up to legal liability in exchange for helping them for FREE. So what exactly am I getting out of this deal other than the possibility of getting sued? Nothing..?! Yeah, I'll pass.

Sanjay Parekh  |  Dec 10, 09 at 10:03 AM

I have ALWAYS hated these stupid footers people put on their emails. It's shrinkwrap licensing and it's been struck down repeatedly in court cases. I even see it in the corporate world. Fortune 500. Idiots.

Andrew Watson  |  Dec 10, 09 at 10:15 AM

I agree with you about the second paragraph, but the first one is appropriate. By itself, it doesn't restrict you in any way if you are the intended recipient. What it does do is properly alert anyone getting the e-mail by accident that it should be deleted.

I sometimes even put NON-CONFIDENTIAL in the subject line, since some people will refuse to even open a message if they think it could contain materials that someone may later claim to have been confidential.

Bennie Farmer  |  Dec 10, 09 at 12:49 PM

I agree with this 100%. I actually started a business idea blog in the attempt to help young entrepreneurs realize that this behavior is unacceptable and that they are only hurting themselves.

I posted a link to this article on my idea blog http://ideas.biblekin.com/post/277743584/the-non-nda-nda with some of my thoughts on this behavior.

Thanks for the great article.

Eric Ryan Harrison  |  Dec 10, 09 at 01:16 PM

Sanjay, that was good!

Celia Dyer  |  Dec 10, 09 at 01:26 PM

You should have at least called.

Anyone who goes to all that trouble to get pi as their phone number has to be at least a little interesting. :)

Rob Kischuk  |  Dec 10, 09 at 02:07 PM

I was wondering if anyone was going to notice that. Much more interesting than the standard 555.

Lance  |  Dec 10, 09 at 02:19 PM

haha Rob - pi was the first thing that came to mind here as well :)

Paul Stamatiou  |  Dec 10, 09 at 03:21 PM

NDA = "No deal, amateur"

Andy Sernovitz  |  Dec 13, 09 at 09:30 PM

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