Is the fine of UAH 500,000 for disclosing confidential information, as provided for in the NDA, justified?
Is the fine of UAH 500,000 justified for disclosing...
Answers
Lorina Fedan
Ukrainian legislation, in particular the Civil Code of Ukraine and the Commercial Code of Ukraine, do not contain clear limits on fines in NDA. Judicial practice takes into account the principle of proportionality of the sanction and the damage caused. If the fine clearly exceeds the possible losses, it may be declared invalid or reduced.
If the NDA specifies the mechanism for determining the fine (for example, depending on the value of confidential information or projected losses), this increases the chances of the amount being recognized as reasonable.
13.03.2025 10:29
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