NDA between parties in UK and Croatia

NDA between parties in UK and Croatia

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BGARK

Original Poster:

5,493 posts

245 months

Monday 24th November 2014
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The initial message was deleted from this topic on 10 February 2015 at 22:21

LooneyTunes

6,781 posts

157 months

Monday 24th November 2014
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You could have it drafted under English law.

But how are you *actually* going to find out if they've breached it?

softtop

3,048 posts

246 months

Monday 24th November 2014
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The big issue comes in that you are both working in different legal environments. I do quite a bit with India and when those organisations are Indian based they want to work on Indian law and we want to work on UK law. You have to decide what the potential is there for you going to Croatia and defending that claim.

NDA

21,490 posts

224 months

Monday 24th November 2014
quotequote all
You can make it legally tight - I have some NDA's for international use that would be enforced under UK law.

In practice though, they're difficult to enforce unless you have deep pockets.

BGARK

Original Poster:

5,493 posts

245 months

Monday 24th November 2014
quotequote all
NDA said:
You can make it legally tight - I have some NDA's for international use that would be enforced under UK law.

In practice though, they're difficult to enforce unless you have deep pockets.
Deep enough I suppose, any chance of obtaining a copy from you?

Much appreciated!

NDA

21,490 posts

224 months

Monday 24th November 2014
quotequote all
BGARK said:
Deep enough I suppose, any chance of obtaining a copy from you?

Much appreciated!
Yes sure.

PM me and I'll mail it to you.

davepoth

29,395 posts

198 months

Monday 24th November 2014
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Think about carrot and stick. It'll be a right pain to litigate if it all goes wrong, so why not get something into the contract that will keep them sweet? Staged payments over a period of a few years perhaps? A trivial portion of the profits for a few years maybe?

BGARK

Original Poster:

5,493 posts

245 months

Monday 24th November 2014
quotequote all
All good suggestions and I want a long term relationship, just want to do the right thing to get the ball rolling.

Amateurish

7,697 posts

221 months

Tuesday 25th November 2014
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An NDA will typically be used to cover pre-contract discussions when you are exploring and negotiating a deal.

You will need a proper services agreement to cover the work they are doing for you. This will cover, amongst other things, confidentiality, licensing and IP issues.

BGARK

Original Poster:

5,493 posts

245 months

Tuesday 25th November 2014
quotequote all
Amateurish said:
An NDA will typically be used to cover pre-contract discussions when you are exploring and negotiating a deal.

You will need a proper services agreement to cover the work they are doing for you. This will cover, amongst other things, confidentiality, licensing and IP issues.
Ok thanks, is there such as thing as a draft service level agreement or is this usually bespoke?

Amateurish

7,697 posts

221 months

Tuesday 25th November 2014
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It's normal to start with a standard document, then make changes to suit the particular circumstances of the deal. You need a lawyer really.

sideways sid

1,371 posts

214 months

Thursday 27th November 2014
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Getting anything agreed with Croatians can be difficult if you use the Croatian legal system and do not already have a Croatian company.

Also, IF you can identify and prove a breach, what do you hope to achieve? The other party (if a Croatian individual) may not have significant assets if you're considering suing for damages.

Much better to use English law if possible, and attempt to align the interests of the other party with yours.