First, it is not uncommon for a non-competition clause and a confidentiality clause to be included in the same treaty. In order to gain a competitive advantage in the marketplace, companies should continue to innovate and work on new projects, products and services to minimize pressure against their competitors. This is the case in a wide range of activities, from technology to finance. A Confidentiality Agreement (NDA) is a legal document intended to contain this sensitive information mentioned above. In a legal document or a larger contract, they are called confidentiality clauses, confidentiality declarations or confidentiality agreements (CA). From a legal point of view, it is a legal contract between at least two parties that aims to explain the knowledge and/or confidential information that the parties wish to communicate only to each other and to restrict third party/party access to all access. In most commercial applications, this “information” is generally referred to as intellectual property, while the term may refer to other sensitive information in cases of bank client confidentiality, solicitor-client privilege, priestly penance privilege, and physician and patient confidentiality. It should be noted, however, that in all previous examples excluding commercial applications, the non-disclosure guarantee is generally not provided in the form of a written agreement between the parties. On the other hand, confidentiality agreements are by nature strict and are much less judged by the courts. Unless a party can prove that it has knowledge of the confidential information provided by an outside source, the confidentiality agreement is generally enforced by the courts. A confidentiality agreement is a confidentiality agreement for information that can last as long as that information remains confidential.  The definition of “confidential information” has many similarities to the definition of a “trade secret.”  Georgian law provides examples of possible types of confidential information: “Business secrets, working methods, customer names, price lists, financial information and forecasts, route books, personal data and other similar information.”  The legal system favours workers in non-competitive disputes. The courts interpret the worker`s right to earn a living as the application of the terms of a non-compete agreement with an employer.
On the other hand, non-competes are almost always single-use agreements. One party will ask the other party not to run. In practice, it would be very difficult to ask two parties not to compete at the same time, but in reality, it is simply not done normally. More often than not, we see non-competition at the beginning of a working relationship, as described above. Therefore, it is generally only the employer who tries to protect his business from unfair competition, the employee signing in exchange for a job, an increase or a new position.