1 Answers

Lorina Fedan

Answer provided 13.03.2025 10:29

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.

The answer is informational and does not replace a full legal consultation. For a detailed analysis of your situation, contact a lawyer directly.