Frequently asked questions
Prerequisites for drafting a confidentiality agreement

I've already communicated confidential information, but I haven't had anything signed. Is it too late to sign a confidentiality agreement?

No, the confidentiality agreement can have a "retroactive" effect, in the sense that it can indicate an effective date prior to the date of signature, which simply confirms that previous exchanges were short by an implicit obligation of confidentiality; not to be confused with a backdated agreement, which is illegal.

However, it has been ruled that the retroactivity of a confidentiality agreement must not prejudice the acquired rights of third parties. It cannot, for example, be intended to cover a disclosure that destroys the novelty of a patent.