NDA that can't be signed in the 21st century
24.03.2021
p style = "text-align: justify;"> I'm discussing the client NDA here and explaining that it can't be signed in the 21st century. In the 19th century, it may still be, I do not know how. There is point 3.7. impracticable.
These are:
3.7. Destroy or transfer to the Disclosing Party in accordance with its instructions after use all tangible media, as well as copies taken from them, hardware and software containing Information, within 14 (fourteen) days after sending such a request to the Receiving Party.
Because our correspondence is confidential.
Confidential information - any information on paper, electronic and other media, as well as information orally, which the Parties exchange in the course of fulfilling obligations from the agreements concluded between them , including, in particular, the content of the correspondence of the Parties, paper documents, personal data of the Parties' clients and other information.
And we do not delete the correspondence, because then we cannot even prove in court that the correspondence took place.
Arguments don't help, I had to resort to an analogy. Let me explain it like this.
Lisa wrote to Stepan in the cart and sent a letter from her grandmother with a recipe for pie and borscht.
Stepan took the letter, read it, found a recipe for pie and borscht.
Stepan knew how to cook, but he didn't have a kitchen. He asked a neighbor for the right to cook from her, as well as a saucepan, pans. I went to the market, showed the recipe and asked the sellers for incomprehensible names, and in the end I bought the products.
I cooked, fried, steamed - all according to my grandmother's letter. It turned out to be a pie and borscht. I gave them to Lisa.
Lisa said "Thank you", reminded about the NDA and asked to destroy everything. Stepan said ok.
An hour later, Lisa comes to Stepan and asks to fix the borscht by adding a little salt. Stepan replied:
- Who are you and what borscht are you talking about?
It's simple. Stepan destroyed:
- a letter from my grandmother:
- a frying pan, a stove and the entire kitchen of a neighbor he burned;
- went to the market and burned all the stalls in which he bought food;
- crippled everyone who read the transcription recipe to keep them silent;
- erased all correspondence with Lisa and her account;
- went to the Arab Emirates and blew up the date -centre telegram, because I didn't know where their correspondence was.
Stepan only knows how to cook, more he is not responsible for anything.
P.S. Maybe they will at least understand what they write.