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.
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.
So, if someone violates their NDA the government can act as an enforcer to ensure that a law is being enforced (i.e. enforcing legal contracts), as opposed to denying a citizen their first amendment right.
Reputation risks: In some cases, the use of NDAs can lead to negative publicity or damage to a company's reputation. This can occur if the NDA is seen as an attempt to cover up wrongdoing or to silence victims of harassment or discrimination.
Both parties will sign the NDA after they finish drafting it. Like any business contract, unilateral NDAs require someone with authority (i.e., a C-suite executive) to sign the agreement on behalf of each party. Then, one party will disclose the confidential information and designate it as confidential.
Confidentiality agreements can run indefinitely, covering the parties' disclosures of confidential information at any time, or can terminate on a certain date or event. Whether or not the overall agreement has a definite term, the parties' nondisclosure obligations can be stated to survive for a set period.
The key elements of Non-Disclosure Agreements: Identification of the parties. Definition of what is deemed to be confidential. The scope of the confidentiality obligation by the receiving party. The exclusions from confidential treatment. The term of the agreement.
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.
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.