At the top, there are three types, unilateral, bilateral, and multilateral NDAs. The rest of the specific NDA types fall under these three categories. Most are based on who has to sign the NDA. Not all NDAs are created equally, and they can only demand so much secrecy from strangers when compared to their employees.
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.
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.
In California, a nondisclosure agreement may be enforceable, provided it meets basic criteria. The restrictive covenant must be properly drafted. This entails clear writing, detailed information about the confidential components of the contract, and a clearly stated extent of the confidentiality obligation.
Indeed, the potential client may well get you to sign an NDA yourself, to protect any business secrets they indulge during your pitch. So by presenting them with an NDA of your own, and making a strong case for them to sign it, you're actually conveying your seriousness and raising your authority overall.
Both parties must enter into the NDA voluntarily and with a clear understanding of its terms. If there was coercion or deception involved, the agreement may not be valid.
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.
Not all NDAs are enforceable ing to California law. If the employment contract requires any party to commit an illegal act, the contract will be considered unenforceable.
New Law bans companies from requiring their employees to sign Non-Disclosure Agreements that would prohibit them from speaking about any harassment towards a protected class. On October 7th, 2021, Gavin Newsom signed Senate Bill 331 into law, to be enforced beginning January 1st, 2022.
An employment contract is an excellent example of a unilateral NDA. When an employee is hired, they sign a unilateral NDA agreeing not to share information learned on the job.