To create a Non-Disclosure Agreement, include the following information: The parties' names and contact information. The length of the non-disclosure period. The scope and definition of the confidential information. The obligations of the Non-Disclosure Agreement. The ownership and return information.
Explain the Context: Start by explaining why you need the NDA. Be clear about the sensitive information involved and why it's important to keep it confidential. Be Honest and Transparent: Share your reasons for needing an NDA. Emphasize that it's not about distrust but about protecting both parties' interests.
Say this: "In the interest of maintaining good governance with future investors, we're asking that anyone closely involved with this project at this early stage sign an NDA."
You do not need a lawyer to create and sign a non-disclosure agreement. However, if the information you are trying to protect is important enough to warrant an NDA, you may want to have the document reviewed by someone with legal expertise.
Whenever you believe you are going to enter a situation that will involve you disclosing proprietary information such as trade secrets, business strategy or yet-to-be-implemented ideas, you will want to have the receiving party sign a Non-Disclosure Agreement (NDA). Do this BEFORE any disclosure occurs.
A nondisclosure agreement—also sometimes referred to as a confidentiality agreement, secrecy agreement, or proprietary information agreement—can be used between a business entity and an individual, between individuals, or between business entities.
An NDA requires the recipient to take reasonable measures to keep the information confidential and prohibits each recipient from disclosing it to any unauthorized party. This way, your information is only used by those who you want to use it, and then only for the purposes you want it used for.
NDA's are legal mechanisms to protect sensitive corporate information from disclosure to outsiders. It is not a personal mechanism to prevent gossip or bad post break up behavior, there is simply no way of enforcing this. It is an invalid use of the concept.
If both parties under the NDA were signing as sole proprietors, you have to ensure that both your full names are stated clearly. If you wanted to ensure that there would be no doubt about who the parties were, then you could add identification information such as addresses or social security numbers.
An NDA is a legally binding agreement between at least two parties that outlines the confidential knowledge, information, or material that parties want to share with each other for business purposes but also to restrict access to.