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sc94597 on 21 October 2022
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Hiku said:
Machiavellian said:

That is not how that works.  Usually an NDA prevent you from conditions both parties agree on but companies are held to a higher standard when releasing personal information from non public figures. In other words, what P did could be against the law in a lot of countries while breaking and NDA is just something enforceable if the company want to take you to court and you have to pay damages specified in the NDA for the conduct.  The 2 situations are not the same.  I have also signed multiple NDAs for contracts.  If anything in the NDA goes against, local, state or federal statues then its pretty much null.

Right, but I'm still not clear on the answer for what I'm wondering here. In your response we're assuming that both parties took actions that could lead to court proceedings. And I'm not surprised companies are held to a higher stadard than individuals. But I was trying to rule out the idea that there may be no legal risk to Hellena Taylor by looking at how Platinum went about it, and posting this question: If what she did happens to be non-enforcable, with no risk of going to court over the NDA breach even if PG wanted to persue it, would a Platinum employee making the same type of video as her not also be off the hook?

For example, the PG translator for the negotiations makes a video and tells people what she was actually offered.

Because in that case it sounds as if the difference is whether or not Hellena was contracted as an employee of the company at the time she made the statement?

In most jurisdictions sharing other people's offers is more harshly punished than sharing one's own (which in some jurisdictions, but not the U.K from what I gather) is a full legal right which an NDA can't enforceably infringe. 

Things become more complicated though if they are protecting themselves or the company's image from a lie. I doubt this would be a simple case, but Platinum probably has a higher risk in the situation.