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.
It is not good practice to backdate an NDA as there is a risk that a party may have already shared the information disclosed, or refuse to agree to an NDA at a later date.
Non-Disclosure Agreements (NDAs): Fiverr offers an NDA service that allows buyers and sellers to agree to a legally binding contract that protects the buyer's intellectual property.
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.
To create a Non-Disclosure Agreement, include the following information: The parties' names and contact information. The length of the non-disclosure period. The scope and definition of the confidential information. The obligations of the Non-Disclosure Agreement. The ownership and return information.
How to get out of an NDA. Check for a termination clause. Check the language. Determine if your content is “public domain.” If the content your NDA covers is now known by the public, you may be able to make a case to nullify your NDA from any specific issuer.
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.
Before signing an NDA, look out for seven crucial red flags that could limit your freedom or expose you to risks, including broad definitions of confidential information, indefinite duration, lack of mutuality, restrictive non-compete clauses, absence of provisions for legal disclosures, unclear remedies for breach, ...