• fizzle@quokk.au
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    1 day ago

    Hah. Yes.

    An NDA doesn’t actually stop people from disclosing things. For example, most things get disclosed to spouses et cetera.

    Rather, an NDA makes you responsible for losses caused by any disclosure.

    Suppose person A has a legal dispute with their employer company B. B agrees to pay A $x provided theres no further action and that they sign an NDA. A agrees, provided that B also agrees not to disparage A. Everyone signs.

    “A” still needs to prep a tax return so they probably need to tell their accountant. An NDA isn’t going to stop them.

    “B” cant really control what its employees are doing. The official narrative will comply with the agreement but everyone will talk about what happened to friends partners and peers.