To NDA or not to NDA
One important note before you go on reading: yes, in Ukraine the sensibility of NDA (and the extent of Software Development Agreements as well) are still a hot topic. This article was initially targeted at my compatriots.
Discussion participants positions range from “we do not have any efficient mechanism for enforcement and reinstatement, therefore it is not worth efforts” to “put every detail onto 100500 pages document, polygraph everyone, and sue as long as you only can”.
The truth is somewhere in between those polar positions.
Let’s take a look at other people as if they were different from us despite the fact that our way of living is the most consistent and proper. If we take an effort doing so we shall note a couple of things.
1. Approximately 10% of people around are pathologically honest, which means they never ever would do anything immoral (whatever this could mean). Well, I see, let it be 5%. Okay, Okay, 1%.
2. Yet another approx. 10% — are pathologically delinquent. Pure outlaws, steal — get caught and sentenced — set free — steal again…
3. A fat layer of 80% between (who said “Pareto”?) — our sisters and brothers in species of varying degree of social obedience.
Those from points 1 and 2 are of asocial type. Yes, pathologically honest are asocial. They do not care what society (100% of mankind less her or him) think of their motivation.
One of group 3: You do not eat and drink much? Do you know it is all paid by the company?
One of group 1: *gives back a puzzled look*
You must have already guessed where I lead to.
The behaviour of 80% of us is predetermined by public opinion: what others would say if the knew. If they knew. IF THEY KNEW.
Social consciousness depends on factors: any spectators around? or is there a “site under video surveillance” sign? or any CCTV cameras? or do they watch and record my computer display in the office? or any cops around? The more control the higher the level of social consciousness. The factors’ ability to affect behaviour is also spread spread across 80% of us in its intensity. Some are happy with “under surveillance” sign, others struggle with themselves taming their desires just because a cop looks straight into their eyes.
So, NDA.
In Ukraine where court is considered an inefficient tool, social consciousness somewhere at the ground level, NDA will reduce the risks. No more than that. In other, civilized countries NDA reduces risks at a greater extent, but no more than that as well. Your partners would like to see how you manage your risks and whether you do that at all.
In few words discussing the topics takes efforts much more than making an NDA with a nonzero effect.
Enter the NDA of any wording with your employees/contractors. Its way better than having none at all.
A couple of words on Software Development Agreements
Read the above replacing NDA with SWA.
Does the above make any sense? Tap Clap below this article, please.
