Consider using an NDA any time you enter into a confidential business relationship, but especially before you do any of the following: Discuss the sale or licensing of your intellectual property, including any product or technology. Grant employees or contractors access to trade secrets or other proprietary information.
A confidentiality agreement should include the names and addresses of the parties to the contract. Consider also including: Reason for the agreement: Explain why you're sharing this information. The information disclosed: Be specific about the subject matter and what exactly is included in the agreement.
Confidentiality agreements (or non-disclosure agreements (NDAs)) are frequently entered into to protect confidentiality of information disclosed during negotiations for all kinds of transactions such as for the sale of a business, the entry into a partnership or joint venture, when engaging an external consultant and ...
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.
An NDA constitutes a legally binding agreement, albeit without the same level of scrutiny as a non-compete clause. It solely restricts the use of information rather than overall competition. Typically, the agreement will specify that the employer is entitled to injunctive relief in the event of a breach.
If you need an NDA, looking at templates online isn't a bad place to start, but ideally you should work with a lawyer who can write a simple NDA for you or tweak the one you have. You may be able to find someone in your community who can do it for a few hundred bucks.
Confidential Disclosure Agreements (CDAs)/NDAs CDAs are commonly executed when two parties are considering a relationship/collaboration together and need to understand the other's processes, methods, or technology solely for the purpose of evaluating the potential for a future relationship.
Whether or not the overall agreement has a definite term, the parties' nondisclosure obligations can be stated to survive for a set period. Survival periods of one to five years are typical. The term often depends on the type of information involved and how quickly the information changes.