0

Say two parties agree to an NDA, but the NDA has a special addendum that tells the other party that they cannot reveal real information about the first party (the provider) to anyone, including the general public, media, news outlets, etc. Most NDAs are about keeping some information hidden, but is it legally valid if such information pertains specifically to one's identity and personal characteristics (such as name, location, age, height, physical features, and etc.). Will the party still be under penalty?

In other short words, can an NDA be legally permissible and in effect if it pertains to personal info?

An example could be someone operating in business under a different name (not illegal); someone who would suffer financial loss if a business or general public knew some info about them; or someone who has faced public scrutiny (i.e., false criminal punishment) and cannot, at least in good public image, disclose or have someone disclose their identity outside of private business matters.

1
  • 1
    Agree with K-C. You are agreeing to not release certain information. If that includes the real name, character, etc of a person, then that's the contract. Feb 22 '17 at 0:59
4

I think that the question you are really asking is whether a contract not to disclose certain information (e.g. to authorities) might be void as contrary to public policy, or illegal.

Sometimes it is illegal to do so. For example, often concealing personal information in connection to the transfer of funds constitutes money laundering, which is a crime, or securities fraud.

The key question is whether there is a legal duty to disclose in a particular context and whether the concealment facilitates some sort of fraud.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.