A 3-Way Non-Disclosure Agreement (NDA), also known as a Tripartite Non-Disclosure Agreement, is a legal contract that involves three parties. This agreement is designed to protect confidential and sensitive information that is shared among these parties.
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.
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.
In contrast, a mutual NDA, or two-way NDA, involves a shared exchange of confidential information between two parties. So unlike a one-way NDA, where only one party shares sensitive information, a mutual NDA has a double obligation with both parties committed to protecting each other's confidential information.
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.
Starting January 1, 2025, businesses settling disputes with consumers cannot condition any refund or other consideration on a consumer agreeing not to make statements about the business, regardless of the sentiment or accuracy of those statements. The text of the new Cal. Civ. Code § 1748.50 can be found here.
Three main categories of confidential information exist: business, employee and management information. It is important to keep confidential information confidential as noted in the subcategories below. Customer lists: Should someone get a hold of your customer list, they could steal customers from you.
There are three types of NDAs: unilateral, bilateral, and multilateral. Read on to learn when you should use each type. You'll also learn how to use a contract management tool like Ironclad to draft and manage them.
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.