• Mehr als 3 Millionen Wörter Inhalt
  • |
  • in**@********aw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Rechtsanwalt Marian Härtel - ITMediaLaw > Other > Why NDAs are often considered “toothless tigers

Why NDAs are often considered “toothless tigers

20. September 2023
in Other
Reading Time: 3 mins read
0 0
A A
0
contract 4085336 1280
Key Facts
  • An NDA is a legal agreement to protect confidential information between two or more parties.
  • The enforceability of an NDA is crucial, but often a challenge.
  • Evidence is one of the biggest obstacles to enforcing an NDA.
  • The costs and time involved in legal proceedings can cause considerable damage.
  • A public legal dispute harbors reputational risks for all parties involved.
  • A well-formulated NDA is crucial; unclear wording can do more harm than good.
  • A comprehensive security concept should go beyond the NDA and include various methods.

Introduction

Content Hide
1. Introduction
2. What is an NDA?
3. Why “toothless”?
3.1. Difficult evidence
3.2. Cost and time
3.3. Reputational risk
3.4. Unclear formulations
4. What is the alternative?
5. Conclusion
5.1. Author: Marian Härtel

I encounter a variety of contracts every day in my practice as an attorney and business consultant, and one of the most commonly used documents is the Non-Disclosure Agreement (NDA), also known as a non-disclosure agreement. At first glance, an NDA seems like a simple and effective way to protect confidential information. But is that really the case? I have found that many people, including experienced business people, often have an exaggerated idea of the protective power of an NDA. In this article, I would like to share my thoughts on why NDAs can be considered “toothless tigers” in many cases.

What is an NDA?

An NDA is a legal contract that specifies the terms for handling confidential information between two or more parties. The idea is simple: you share important information only with people who have contractually agreed not to share it. Sounds logical, doesn’t it? But this is where the problems begin. An NDA is only as good as its enforceability, and that’s where the difficulties start. I have seen many cases in my career where an NDA was more of a placebo than a true protection.

Why “toothless”?

Difficult evidence

In my experience, one of the biggest obstacles to enforcing an NDA is evidence. Imagine you have a great business idea and share it with a potential partner under an NDA. A few months later, you see a very similar idea on the market. Is this coincidence or theft? It is incredibly difficult to concretely prove that the other party actually used your information. Even if you have evidence, it has to hold up in court, which is another challenge.

Cost and time

Another problem I see time and time again is the financial and time commitment involved in enforcing an NDA. Legal proceedings are expensive and can take years. During this time, your business could suffer serious damage. I have advised clients who ultimately decided not to sue simply because the process would be too lengthy and costly.

Reputational risk

The risk to one’s reputation is another factor I always take into account when considering an NDA. Public litigation can damage the image of both parties. In this day and age of social media, such a case can quickly go viral and cause long-term damage. Therefore, I often advise caution before taking the legal route.

Unclear formulations

I can’t stress enough how important it is to have a well-written NDA. An unclearly worded contract can do more harm than good. I have seen contracts that had so many loopholes and ambiguities that they were practically useless. An NDA should be precise and unambiguous in order to be truly protective.

What is the alternative?

There is no one-size-fits-all solution, but I always recommend using a wide range of protection mechanisms. This includes the careful selection of business partners, the use of technical protection measures such as encryption, and of course clear contractual regulations that go beyond the NDA. I often advise my clients not to rely on the NDA alone, but to develop a comprehensive security concept.

Conclusion

An NDA can be a useful first line of defense, but it is far from the only one. I have seen in my years of practice that the term “toothless tiger” is often accurate. It is important to be aware of the limitations of this tool and act accordingly. An NDA should be part of a comprehensive strategy, not the entire strategy. And as with any contract, a piece of paper can only do so much; the key is in the relationship between the parties.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: LawsuitLawyerRiskVerträge

Weitere spannende Blogposts

LG Köln confirms previous influencer case law

Legal form as an influencer? A few hints!
17. October 2019

In a recent ruling, the Regional Court of Cologne has endorsed the hitherto very critical influencer case law and once...

Read moreDetails

LG Frankfurt a.M.: Other termination options permitted in addition to the termination button on the website

LG Frankfurt a.M.: Other termination options permitted in addition to the termination button on the website
17. May 2024

Background of the judgment In a ruling dated August 30, 2023 (case no. 2-06 O 411/22), the Regional Court of...

Read moreDetails

Stumbling blocks you should be aware of when reading a contract

Stumbling blocks you should be aware of when reading a contract
4. January 2023

Why is it important to read and understand contracts? Contracts are an essential part of everyday life. They help us...

Read moreDetails

Successfully raising investments through crowdinvestment: opportunities, risks and legal pitfalls for startups

Successfully raising investments through crowdinvestment: opportunities, risks and legal pitfalls for startups
17. May 2023

Introduction to crowdinvestment for startups Crowdinvestment is an intriguing way for startups to raise capital without relying on traditional funding...

Read moreDetails

BGH on damages due to US lawsuit in German jurisdiction

No more free tissues at the pharmacy?
17. October 2019

The Federal Court of Justice has ruled that a contractual partner may be entitled to compensation for the costs incurred...

Read moreDetails

MDR may delete comments without broadcast reference on its Facebook page

MDR may delete comments without broadcast reference on its Facebook page
2. December 2022

Public broadcasters are entitled to delete non-broadcast-related comments made by users in forums on their corporate social media pages. This...

Read moreDetails

ECJ overturns Privacy Shield: review contracts!

District Court Frankfurt a.M. on the right to be forgotten
7. November 2022

The General Data Protection Regulation(GDPR) stipulates that personal data may in principle only be transferred to a third country if...

Read moreDetails

The impact of the rulings of the OLG Celle and the LG Hannover on online coaching services

The impact of the rulings of the OLG Celle and the LG Hannover on online coaching services
2. June 2023

The Distance Learning Protection Act (FernUSG) and its application to entrepreneurs The Distance Learning Protection Act (FernUSG) was originally introduced...

Read moreDetails

BGH submits definition of “immaterial damage” under GDPR to ECJ

BGH submits definition of “immaterial damage” under GDPR to ECJ
10. November 2023

The VI. Civil Senate of the Federal Court of Justice referred questions to the Court of Justice of the European...

Read moreDetails
smart contracts in the insurance industry contract design and regulatory compliance for insurtech start ups

Design Act (DesignG)

10. November 2024

Historical development and legal basis The Design Act (DesignG) is a central law in the field of industrial property protection...

Read moreDetails
855e2b01 13e3 4082 ab25 0967bb0c4654 202328553

Intention

29. March 2025
LG Munich: Focus doctors seal is misleading

Higher Regional Court

25. June 2023
e0c1c4f3 5ebb 4781 ae38 575fa47f2696 202348477

Secondary burden of proof

29. March 2025
be92ca038d3aaa8f05b70a7e70d40ba1

Future Financing Act (ZuFinG)

9. November 2024

Podcast Folgen

d5ab3414c7c4a7a5040c3c3c60451c44

The metaverse – legal challenges in virtual worlds

26. September 2024

In this fascinating episode, we dive deep into the legal aspects of the metaverse. As a lawyer and tech enthusiast,...

8315f1ef298eb54dfeed2f5e55c8b9da 1

First test episode of the ITMediaLaw Podcast

26. August 2024

First test episodeDear readers, I am delighted to present the first test run of our brand new IT Media Law...

4f3597d5481e0f38e37bf80eaad208c7

The IT Media Law Podcast. Episode No. 1: What is this actually about?

26. August 2024

Yeah, the first real episode with myself! In this podcast, we dive into the exciting world of IT law and...

legal challenges when implementing confidential computing data protection and encryption in the cloud

Smart contracts and blockchain

15. January 2025

In this captivating podcast episode, I take a deep dive into the world of blockchain technology and smart contracts. The...

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung