The Useless Doc

To me, one of the useless documents existing on the face of this earth would be that legal piece of sheet called Non-disclosure Agreement. Or NDA, for short. Most especially in the Philippines.

It takes up a lot of time, but isn’t going to be any good at all when it comes to it.

This, supposedly, public document essentially aims to prevent parties privy to confidential information (once disclosed to one another, of course, and assuming the information is not yet public knowledge) from divulging or sharing with any body such secret data.

Far too many activities have been stalled by this document. Far too many timelines have been adjusted to accommodate this requirement. How many (and how much, in actual costs) opportunity losses has this created?

What prevents an employee, an officer, a director of an entity, supposedly, covered by the legal spirit of its words from sharing and giving away these confidential sets of info to other interested individuals who may see great value to what was disclosed? A “mole” could easily claim that he picked up the information somewhere… He can claim that the brilliant idea came from a spur of the moment inspiration or that he conjured such great things in a state of genius revelation.

Proving the last two statements may be a difficult task in itself.

I may be naive. I may be too ignorant for that matter. But is a Non-disclosure Agreement truly enforcible under Philippine Laws? How many cases have been successfully prosecuted to levy the requisite punishments to offenders? Or if there have been successful prosecutions, were the punishments levied enough to deter any one or any entity from breaking the law?

No secrets are safe in this part of the world.

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