How to Enforce an NDA
Enforce an NDA by documenting the breach, sending a formal cease-and-desist letter, seeking an interim injunction to prevent further disclosure, and pursuing damages for any loss suffered. Speed is critical as confidential information cannot be 'unshared'.
Last updated: February 2025
Step-by-Step Guide
Confirm the breach and gather evidence
Verify that confidential information covered by the NDA has been disclosed. Collect screenshots, communications, witness accounts, and any publicly available evidence of the disclosure.
- •Act quickly; the longer you wait, the wider the information may spread.
- •Preserve digital evidence with timestamps.
Review the NDA terms
Check the definition of confidential information, any exclusions, the obligations on the receiving party, and the remedies specified in the agreement.
- •Confirm the NDA has not expired and covers the specific information disclosed.
Send a cease-and-desist letter
Write formally to the breaching party demanding they immediately stop disclosing the information, return or destroy all copies, and confirm compliance in writing.
- •Have a solicitor send this on headed paper for greater impact.
Consider interim injunctive relief
If the breach is ongoing and causing serious harm, apply to the High Court for an interim injunction to prevent further disclosure pending trial.
- •You must demonstrate urgency and that damages alone would not be adequate.
Pursue damages or other remedies
Quantify your losses caused by the breach and pursue a claim for damages. Account of profits may also be available where the breaching party has profited from the disclosure.
- •Consider whether the relationship is worth preserving and if mediation might be more appropriate.
Legal Requirements
NDA enforcement in England and Wales is governed by contract law and the equitable doctrine of confidence. Interim injunctions are granted under section 37 of the Senior Courts Act 1981, applying the American Cyanamid principles. The claimant must show a serious question to be tried and that the balance of convenience favours granting the injunction.
Common Mistakes
Template / Example
When to Get a Solicitor
Immediately. NDA enforcement almost always requires legal advice due to the urgency involved and the potential need for injunctive relief, which requires court applications.
FAQ
Can I get an injunction to stop someone breaching an NDA?
Yes. You can apply for an interim injunction from the High Court if the breach is ongoing. In very urgent cases, you can apply without notice to the other party.
What damages can I claim for an NDA breach?
You can claim compensatory damages for financial loss caused by the breach. In some cases, you may also seek an account of profits made by the breaching party from the disclosed information.
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