Journal article Open Access

"Privacy" and "Professional Secret" as the Key Categories in a Non- Disclosure Agreement

N.Ya. Zabolotna, N.M. Pavliuk

During the studies it has been stated that an attorney’s secret is a specific, distinct feature in the field of the attorney’s work. An attorney only has got the right for the attorney’s secret. Also he carries the duty for keeping it safe, and responsibility for its illegal revealing. Protection of the constituents’ immunity is provided not only in private, but also in public interest, what is connected to the protection of trust relations in society, and state’s duties in providing the fundamental human fights and freedoms, fair justice and the immutable authority of the advocacy. The term “professional secret” is understood as the right to introduce a secrecy and a duty to keep it in absolute confidentiality. So far, the secrecy has a professional character, but still, first of all, reminds a duty to the client. Provisions concerning the professional secret does not contain its definition. They only point on the fact that the advocate is ought to keep in secret every single thing he has got to know during providing the client with professional help. Professional advocates’ secrecy contain, for example: different files and materials; messages, notes and documents concerning the case, which have been received from the client or other people, no matter where they are; financing sources which the client or another person is using to pay for the work of an advocate or a legal counsel.

In general, non-disclosure agreements are the type of agreements when one side (usually a coworker) promises to protect privacy, that is going to be revealed to him during the work or during another commercial agreement. If you have a non-disclosure agreement with a person, who soon will use your confidential information without your permission, you have the full right to sue this person to quit the violation of the non-disclosure agreement. In Ukraine it is quite popular among the employers to sign with their employees non-disclosure agreements. These agreements are quite popular in IT business as they can provide a reliable way to protect confidential information.

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