DoD Personnel and NDAs
Question: Is it true that DoD personnel do not have to sign a NDA when dealing with proprietary rights of a small company?
True. Government personnel do not have to sign NDAs. Their nondisclosure obligations are covered by the Federal Trade Secrets Act, 18 U.S.C. 1905, a criminal statute that subjects them to prison and/or monetary fines for improper disclosure of proprietary information, technical data, or other information that has the status of "trade secrets."
Question: Are there any exceptions? If yes, under what circumstances? Are there examples of NDAs signed by DoD with other companies that you know?
I know of no real exceptions. Federal laboratory personnel, such as FFRDC personnel, sometimes sign them if there is doubt about their government status, but government personnel are not required to sign them. Support contractors to the government are required to sign NDAs with the Government, so they are not required to re-sign them with firms from whom they receive information in that capacity. Having said that, I always encourage contractors to obtain NDAs directly from support contractors with whom they work for enforcement purposes.
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