Until recently, it was standard operating procedures and a recommended form of risk management to have all employees enter a NDA, non-solicitation agreement and non-compete agreement upon being hired. However, the 2020s have seen a new focus on anti-competitive activities, and that focus has included anti-competitiveness in the employer-employee relationship.

Both the company and employee-ESTA travelers need to understand ESTA and VWP rules and requirements before attempting to enter the US under ESTA.

The key takeaway is this, if a disclosing party shares information that is not within the scope of the Purpose, it is technically not protected by the NDA, and therefore, the receiving party could use that information without restriction.