We advised our client on negotiating a non-disclosure agreement (NDA) with a top-tier global cybersecurity vendor, enabling the launch of a proof of concept (PoC) phase ahead of a potential full deployment of the solution.
A major challenge arose around contractual penalties for confidentiality breaches. While our client’s standard NDA included liquidated damages provisions, this met resistance from the vendor, operating under common law systems where such clauses are viewed and enforced differently than under continental European law.
Leveraging our deep understanding of both legal frameworks and international negotiation dynamics, we secured terms that preserved the client’s interests – including the key confidentiality penalty clause. The agreement was successfully concluded, paving the way for a smooth and secure execution of the PoC.
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