The Master's thesis entitled Non-Disclosure Agreement in the Sale of a Business deals with the issue of disclosure of (confidential) information in the process of sale of a business. The protection of confidential information and trade secrets during the sale of a company is crucial not only for the position of the target company on the market, but also for the success of the sale transaction itself.
Due to the complexity of the sale process, a large amount of information is exchanged between the target company as seller and the (potential) buyers. Confidential information and trade secrets present the greatest risk, and it is in the target company's interest that this information is disclosed gradually. On the other hand, potential buyers seek to obtain as much information as possible as early as possible in the sale process to facilitate their decision on a future purchase of the company. It is therefore crucial for the success of the process that the parties find the right balance between the amount of information disclosed and the amount of information withheld in relation to each stage of the process. In doing so, all parties should be mindful of all the risks and pitfalls involved in protecting confidential information and trade secrets.
The Master’s thesis starts with an introduction to the main features of the process of selling a company and in the second part presents the regulation of trade secrets through theory and practice. It further discusses the protection of trade secrets in the process of sale of a company and specifically presents the non-disclosure agreement as a key element of the protection of confidential information and trade secrets. Finally, the work focuses on the risks and pitfalls to watch out for when entering into non-disclosure agreements, which can have a crucial impact on the sufficient level of protection of the information exchanged.
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