Non compete agreement

Why a Non Compete Agreement?

Your successful business has an excellent business model. You have wonderful staff, clients, suppliers, systems and know-how. You are the only person that knows who they all are and how it all works. Someone wants to be involved with you. But first, you have to share some of those secrets. They may also have to share some secrets about what they do. Non Compete Agreement (NCA) to the rescue.

Other names for a Non Compete Agreement:

Non Compete Agreement

The Non Compete Agreement protects all parties that sign it.

1. Non-disclosure agreement (NDA)
2. Confidentiality agreement (Confi)
3. Confidential disclosure agreement (CDA)
4. Proprietary information agreement
5. Secrecy agreement
6. Mutual Confidentiality agreement
7. Non-use agreement

How do you stop others from:

1. stealing and sharing your secrets with competitors?
2. headhunting your staff?
3. using your plans?
4. using your secrets?

The other side also wants to keep everything secret. The answer: build a Non-Disclosure Agreement.

A Non  Compete Agreement is a promise not to disclose confidential information about one another.

Examples of ‘confidential information’ and ‘secrets’ are:

1. business strategies
2. business models
3. intellectual property
4. negotiations
5. the winner of a reality television show that is yet to air
6. trade secrets
7. government secrets
8. celebrity secrets
9. a scandalous relationship that is not public knowledge
10. something that is not of public knowledge and is of value to you or your business
11. how to build an electric car for under $10,000
12. how to create a successful online business in other countries

When should I use a Non Compete Agreement?

Use a Non Compete Agreement when you, your company or business discloses confidential information or secrets to others. NCAs are commonly used in business negotiations. This is because is often necessary to share secrets.

But it is not just about business. It can be an agreement between people that does not involve a business.

Who is protected by our Non Compete Agreement?

Some non compete agreements are only ‘one-sided’. This means only one party is protected. However, our law firm’s Non Compete Agreement protects multiple parties – it protects everyone who is party to the agreement. It builds trusts between the parties. Everyone is treated equally.

Instead, does a ‘one way’ Confidentiality Agreement protect me more?

Our NDA is extremely protective of your position. The “confi” is not weakened by being two-way protection.

When a person is selling their business (vendor) they may be of the view that they just want a one way NDA. This is because the potential seller believes the other side is handing over no confidential information. That is not true. We disagree that the suiter is disclosing nothing to the vendor. The fact that a person is courting you should also be kept private so that you can not share that information.

Also, the ‘other side’ is generally more comfortable signing a two way NDA. Our law firm has taken this approach since 1988.


For more legal advice telephone us. We are a law firm. We can help you answer the questions to build this document online.

Non Compete Agreement NCA

Adjunct Professor, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, Dip Ed, BArts(Hons), LLM, MBA, SJD
Legal Consolidated Barristers and Solicitors
Australia wide Intellectual Property lawyers
Mobile: 0477 796 959
Direct: 08 6389 0400
National: 1800 141 612
Email: [email protected]


29/08/2017

Non compete agreement

Why a Non Compete Agreement? Your successful business has an excellent business model. You have wonderful staff, clients, suppliers, systems and know-how. You are the only person that knows who they all are and how it all works. Someone wants to be involved with you. But first, you have to share […]