NYC drafts one-way, mutual and multi-party NDAs that protect trade secrets under Thailand's Trade Secrets Act B.E. 2545, complete with liquidated-damages and injunction clauses that hold up in Thai courts.
Bilingual NDA from THB 6,500 per agreement (Mutual or One-way) including a liquidated-damages clause accepted by Thai courts. Standard binding period 3-5 years covering trade secrets per section 5 of the Trade Secrets Act.
1) One-way (unilateral)—typical when an IP owner discloses to a contractor. 2) Mutual—both sides disclose, e.g. M&A due diligence. 3) Multi-party—three or more parties, e.g. consortium bidding. 4) Employee NDA plus non-compete and non-solicit (non-compete needs consideration or it is void under CCC 150).
1) Clear definition of Confidential Information (avoid 'all information'). 2) Disclosure formats (verbal, written, electronic). 3) 3-5 year binding period (courts may curtail beyond 10 years). 4) Reasonable liquidated damages under CCC 383 (≤3-5× actual damage). 5) Injunction clause under CPC 254.
Trade Secrets Act B.E. 2545 section 5 requires (a) commercial value from secrecy and (b) reasonable protection measures. An NDA is prime evidence of (b). Section 33 carries fines up to THB 200,000 and up to one year imprisonment.
For overseas receiving parties add an arbitration clause (SIAC / ICC), governing law (Thai / Singapore / New York), plus Apostille and sworn translation. NYC coordinates with arbitrators and overseas counsel end-to-end.
Identify disclosing / receiving parties, information type and purpose.
Draft returned with commentary on suggested edits.
Unlimited revisions in the first 30 days.
Cross-border NDAs are notarised and Apostilled.
Industry standard 3-5 years post-termination. For high-value trade secrets (formulas, source code) 'perpetual' is possible but courts may curtail it.
Depends on the liquidated-damages clause plus proven losses plus legal fees. Thai courts awarded THB 15-30M in 2021-2023 trade-secret cases.
Yes, provided the restraint is reasonable under the Unfair Contract Terms Act. Thai courts look for a capped duration of no more than about two years, a defined territory or customer list, and genuine consideration for the employee. Clauses that fail those tests are routinely reduced or refused enforcement outright.
Yes, but the contract has to state the governing law, the agreed forum or arbitration seat, and a workable method for service of process on someone living abroad. We draft those clauses to match the freelancer's home jurisdiction and coordinate with local counsel there whenever enforcement becomes necessary.
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