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.
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.
You don't need a lawyer to create the agreement, but you may need someone with legal expertise to review it.
In addition to FUTSA, Florida case law also enforces NDAs, especially when the agreement might be considered overly broad or restrictive. At the federal level, the Defend Trade Secrets Act (DTSA) offers protection and remedies for misappropriation of trade secrets, which may apply in situations involving NDAs.
California courts may refuse to enforce non-disclosure agreements that are overly broad or vague in their terms. NDAs should have a clear description of the purpose, parties, and duration they cover.
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.
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).
Completing the Confidentiality Agreement The "Receiving Party" is the person or company who receives the confidential information and is obligated to keep it secret. You'll need to fill in information specific to your circumstances in the spaces provided, such as the parties' names and addresses.
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.