Publication date: 28.05.2024
Lawyer
Regulation of transactions involving residents of Diia.City
Diia.City is a unique legal and tax ecosystem for the IT industry in Ukraine, which provides resident companies with a number of advantages, including a special legal regime. Among the key aspects of Diia.City residents' activities are the conclusion of transactions, including non-disclosure agreements (NDAs) and non-competition agreements (NCAs). These contracts help protect the commercial interests of companies by regulating the behavior of employees and contractors.
Non-Disclosure Agreement (NDA)
A nondisclosure agreement is an important tool for protecting confidential information. According to this contract, the specialist or other person undertakes not to disclose the trade secret or other confidential information of the resident of Diia.City.
Basic provisions of the NDA
Form of the contract: The contract is concluded in writing.
Gratuitousness: The contract may be gratuitous or provide for compensation in case of breach.
Essential terms:
Term: Determination of the period during which the person undertakes not to disclose information.
Information: Clear definition of information that is subject to non-disclosure obligations.
Labor law does not apply to NDAs entered into with Diia.City resident employees, which provides greater flexibility in regulating the relationship.
Non-Competitive Agreement (NCA)
This agreement is aimed at protecting the business from unfair competition from former employees or contractors. The NCA is concluded in writing and is remunerative.
Material terms of the NCA
Term: The obligation is valid for no more than 12 months after the termination of the relationship.
Territory: Definition of the territory to which the obligation applies.
Activities: List of activities and persons considered to be competitors.
Compensation: Material benefits that the specialist receives for refraining from competitive actions.
Specific obligations
The NCA may provide that the practitioner must refrain from:
Conclusion of contracts with other persons who carry out similar activities.
Carrying out competing activities as an individual entrepreneur.
Ownership of shares in other legal entities engaged in competing activities.
Holding positions in competing companies.
Other competitive actions stipulated by the contract.
A contract that does not meet these requirements is null and void.
Guarantees of free will
The legislation ensures that the refusal to enter into an NCA cannot be grounds for termination of employment. Disputes arising from such contracts are considered in the civil court procedure, which ensures the protection of the rights of all parties.
Contact the professionals
Residents of Diia.City deal with complex legal issues that require qualified support. Lawyers and attorneys of "Legal Marketplace Consultant" LLC are ready to provide legal support at every stage of activity, help with the conclusion and execution of contracts, as well as protect your interests in court. Ask for professional advice and other legal assistance - we will ensure your legal security at the highest level.
Cooperation with us is a guarantee of your success and confidence in the future.
