contract-law employment
Is using a search engine to search part of a NDA-protected project a breach of NDA?
<p>Let's say that I sign a NDA with a company to work with them.</p>

<p>While working, I think about using a search engine to search more information about some tools they use (to learn more about them for example, or to see if any information has leaked online).</p>

<p>Since search engines are sometimes known for collecting data people type in them, could the simple fact of entering certain words or sentences in a search engine create a NDA breach?</p>

<p>This scenario would happen in the USA.</p>

<p>IANAL, but probably not - you are not sharing sensitive information with a third party, rather you are gathering it yourself.</p>

<p>To some extent it would depend on the search term, and how you got to it, and possibly the wording of your NDA.</p>

<p>NDA's typically prevent you from disclosing sensitive information, or information not already in the public domain - I would argue the information you are searching for is already in the public domain (if it returns a result), or meaningless to a search engine, and thus not a breach if you don't.</p>

<p>If you enter search terms <em>that are covered by the NDA</em> into a public search engine then you <em>could</em> be violating the NDA because, as you note, you are disclosing protected information to a third party, which is exactly what an NDA is undertaken to prevent.</p>

<p>Therefore, if in doubt you should get written permission from the counterparty to do this.</p>

<p>(And, as always, if in doubt you should have a licensed attorney review such contracts on your behalf to ensure they reflect your interests and understanding.)</p>
