Non-disclosure Or Nondisclosure In King
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An NDA does not necessarily need to be notarized to be valid. The key elements for its validity are mutual agreement, clearly defined terms, and exchange of consideration (which can be the mutual exchange of information).
NDAs are enforceable when they are signed — if they are properly drafted and executed. NDAs are enforceable once signed, provided they have been drafted and executed properly. Unilateral NDAs need only the signature of the receiving party, whereas mutual non-disclosure agreements need the signatures of both parties.
Regardless of whether you're being asked to sign an NDA or asking someone else to, a nondisclosure agreement means your secrets will stay underground, and if information leaks, there can be serious legal repercussions.
Typically, a legal professional writing the NDA will complete these steps: Step 1 - Describe the scope. Which information is considered confidential? ... Step 2 - Detail party obligations. Step 3 - Note potential exclusions. Step 4 - Set the term. Step 5 - Spell out consequences.
Generally, NDAs will be enforced by a court, but some statutes and public policy may prevent the enforcement of an NDA. For example, many NDAs will be voided or partially so regarding criminal acts. Often NDAs may be unenforceable unless certain procedural requirements are met.
Five other key features must be included in your NDA to ensure it's legally binding, including a description of confidential information, obligations of the parties involved, any exclusions, the term of the agreement and consequences of a breach.
There are two answers here. First, if you are asking if you need an attorney involved for a non-disclosure agreement that you are asked to sign, the answer is no, you don't need an attorney involved if you are asked to sign a non-disclosure agreement.
An NDA could be unenforceable if it is too broad, is not for a defined time period, covers information that is not confidential, or asks for illegal conduct.
By the way, if you're going to use nondisclosure agreement, lose the hyphen: I agree with Garner's Modern American Usage that “With few exceptions, the prefix non– does not take a hyphen unless it is attached to a proper noun.”
Noun. formal. the failure to reveal or disclose information, esp in a court of law. the nondisclosure of his medical condition.
