Do I need to force participants in a remote video call to sign a paper NDA before the video call?
Or is it enough to mention in the video call something like this after recording the video call:
This video call is being recorded. By participating in this video call, you are implicitly bound to a NDA. If you're not willing to be bound to the NDA, please leave now.
Can I use the recorded video as NDA evidence?
NDA means New Drug Application, right? Or is it Notre Dame Academy? Maybe it's Nebraska Dressage Association - don't want to cross those guys, their horses are mean.
When you are trying to form a contract with someone, it's very important that you and they are talking about the same thing.
That I had a phone call? What I said? What you said? Only the confidential bits? If so, what are they? Can I tell my business partner? My lawyer? My secretary? The IRS?
Another important thing about making a contract is to agree on the terms.
After you paint my fence, you can't demand payment. We have to enter into a contract before the thing that happened happens.
I am bound to respect confidences that were entrusted to me where a) the information is confidential b) it was imparted to me in a situation of confidence and c) disclosing it would cause harm. We don't need a Non-Destructive Analysis to document that.
It actually doesn't matter whether it's a video call, a phone call or even a meeting in person. It should be clear from the circumstances that the contents of the call are confidential. If you make it explicit, then that's even clearer for both involved parties, even though by many jurisdictions, that's the default unless otherwise agreed on (based on laws of copyright protection, employment, GDPR, communication - whatever applies).
A Non-Disclosure-Agreement is just used to clearly define what (and also what not) is confidential about a piece of information. It's most important point is typically the fine one has to pay for non-compliance. Without that, the amount would have to be defined in court.
