June 15, 2010 at 6:45 am
I have been with my company for over 10 years and the last 7 years my job has been that of a DBA. Recently I've been asked to sign a non closure agreement for a particular system and I hesitated and not yet signed the agreement for the following reasons.
1. As a DBA, one of our primary duties is to secure the data and ensure it's not "improperly accessed" or compromised. Signing a non disclosure agreement doesn't change this fundamental practice.
2. What are the repercussions? Whether the agreement is signed, or not the end result is the same. If I sign the agreement and then disclose the data, I would be terminated. If I don't sign the agreement, or if I compromise data in other systems, I could be terminated. To me there is no point, even a legal point as the end result is the same.
The security on this system is no different than other systems that I'm currently assigned to, in fact, there is more sensitive data on some other systems.
I can see the requirement for signing such a document for employees whose role isn't of that of a DBA, such as system developer or B.A. as securing data isn't their primary role.
What are your thoughts and experiences with the Non Disclosure Agreements? Is it pointless to even make an issue out of this? Are my points valid?
Thanks,
Steve
June 15, 2010 at 6:52 am
Point is, they don't have a list of things you may, or may not disclose.
This is in general. "don't disclose any private information regarding our company", which I fully back.
If you start your own company, I'm sure you'd expect your employees to keep company secrets to themselves?
Alot of information may seem trivial to you, but could hurt a company financially.
At the end, it's more a basic protection against their employees selling information.
And, if you want to work there, why make a fuss of this? Except if you plan on disclosing information?
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This thing is addressing problems that dont exist. Its solution-ism at its worst. We are dumbing down machines that are inherently superior. - Gilfoyle
June 15, 2010 at 6:59 am
Thanks for the comment.
Ok, I see the point about company secrets, but this has to do with the data in a specific system.
Additionally it's illegal for me to sell the data whether or not a NDA is on record so how is the company offered more protection.
June 15, 2010 at 7:02 am
Steve-3_5_7_9 (6/15/2010)
Thanks for the comment.Ok, I see the point about company secrets, but this has to do with the data in a specific system.
Additionally it's illegal for me to sell the data whether or not a NDA is on record so how is the company offered more protection.
Depending on where you live the NDA makes it easier for them to go after you (and your money) personally if there are any breaches of the NDA.
You are right in saying that the results are simliar whether you sign or not, However The NDA gives them a clear legal path that could be a lot easier and cheaper to enforce and not so open to appeals.
June 15, 2010 at 7:04 am
They can sue you, and the company who paid/hired you to steal the information, and prevent the "thieves" from using the information.
They will also ensure you never work at any important place, I know financial institutions have a "black list" or people to never employ.
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This thing is addressing problems that dont exist. Its solution-ism at its worst. We are dumbing down machines that are inherently superior. - Gilfoyle
June 15, 2010 at 7:36 am
It's a legal compliance within what should be your standards anyway... sign it. No big deal.
You just have to be careful about language. I had a company that wanted me to sign a non-compete that said I wouldn't work with any tools or languages that used tcpip to collect data and put it into a database. I had to explain to the lawyers that meant I could never work at my job, ever again, depending on how the document was interpreted. Needless to say, I didn't sign it. They came up with a better one.
"The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood"
- Theodore Roosevelt
Author of:
SQL Server Execution Plans
SQL Server Query Performance Tuning
June 15, 2010 at 8:27 am
Thanks, Grant. I'll scrutinize their wording to make sure no "funny business" is going on.
In the end, I suppose it isn't a big deal.
June 15, 2010 at 8:32 am
It's usually no big deal. I've got a drawer full of NDA documents.
Gail Shaw
Microsoft Certified Master: SQL Server, MVP, M.Sc (Comp Sci)
SQL In The Wild: Discussions on DB performance with occasional diversions into recoverability
June 15, 2010 at 8:54 am
Investors often require all employees to sign NDAs. Your company may replace anyone refusing to sign with someone who will. 😉
June 15, 2010 at 8:55 am
Yeah, NDA's are easy. It's Non-Compete's that I worry about.
"The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood"
- Theodore Roosevelt
Author of:
SQL Server Execution Plans
SQL Server Query Performance Tuning
June 15, 2010 at 9:03 am
The only non-compete I've ever had prevented me from working for any of that company's clients for a period of 2 years. For a small custom software house, I could see the logic of that and had no problems signing it.
Gail Shaw
Microsoft Certified Master: SQL Server, MVP, M.Sc (Comp Sci)
SQL In The Wild: Discussions on DB performance with occasional diversions into recoverability
June 15, 2010 at 9:06 am
It's likely they're just having all IT people sign one, regardless of job, just to prevent disclosure of IP related to the company.
I'd agree with others, most of the time this isn't a big deal.
June 15, 2010 at 5:58 pm
Very few non-competes hold up in court. Their usage has more to do with the psychological impact than the reality of their enforceability.
But yeah ... anything in a normal non-disclosure should fall in line with how any ethical person would act anyway. But, since it's hard to fire people in some states they get it in black and white.
June 16, 2010 at 5:36 am
bteraberry (6/15/2010)
Very few non-competes hold up in court. Their usage has more to do with the psychological impact than the reality of their enforceability.But yeah ... anything in a normal non-disclosure should fall in line with how any ethical person would act anyway. But, since it's hard to fire people in some states they get it in black and white.
Actually, this makes a lot of sense. Sometimes it is difficult to terminate someone, especially if they have great performance reviews, so having a NDA on record would simply this process.
Thanks, people.
June 16, 2010 at 5:53 am
Steve-3_5_7_9 (6/16/2010)
Actually, this makes a lot of sense. Sometimes it is difficult to terminate someone, especially if they have great performance reviews, so having a NDA on record would simply this process.
In some parts of the world it's difficult to fire someone even if they have numerous poor performance reviews on file.
Gail Shaw
Microsoft Certified Master: SQL Server, MVP, M.Sc (Comp Sci)
SQL In The Wild: Discussions on DB performance with occasional diversions into recoverability
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