When recruiting the founding team, should we use NDAs?

質問

We are two founders looking for 2-3 more team members to launch our startup. We would like to discuss the business model, product iterations, strategy etc to some degree with potential team members during the interviews, so we were wondering if we should use NDAs to protect us. Does that make sense or should we only use NDAs after the actual hiring?

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回答: 2 public & 0 非公開

D7a5929ab5
弁理士

In short, you should. If you want to have any legal remedy against a potential misuse of your confidential information (e.g. to create a rival business) then you should put some deterrent in place. Remember that until they are in you team, they are effectively complete "strangers". From a legal point of view, there is also another aspect to consider. Most countries would consider a non-accidental disclosure of confidential information as prejudicial against protection of any rights you might have in that info (e.g., patents) so an NDA would help preventing that. I would also suggest using a one-way NDA if possible as that would not put any tie on you. From a practical point of view your should also ask yourselves: what do I need the additional founders for? Is it for their technical ability, their financial backing/nous, their sale experience? This should help you deciding what info you really need to disclose to them at first, and what you could keep until more "commitment" comes from them. I suggest you get in touch with a lawyer to help you going through the documents and assist you with your next steps.

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