Non-Disclosure Agreements (NDAs) as well as Proprietary Information Agreements (PIAs) and Confidentiality Agreements (CAs) are synonymous terms for legal contracts that protect and govern the exchange of confidential or proprietary information.
As such, periods of confidentiality are typically 2-5 years from disclosure of the Confidential Information. Consequences of a breach. The NDA should spell out the consequences of a party's breach of the NDA. These can include the damages or other compensation for the breach.
No matter its title, an NDA is a binding contract, commonly used when two or more parties wish to enter into initial discussions about specific confidential processes, methods or technology, to consider a potential, future relationship, and to agree to restrict the usage and additional disclosure of the shared ...
Types of NDAs Use a one-way NDA if only you are disclosing information and a mutual NDA if both parties are. If the NDA is one-way only, it may need to be executed as a deed to make it enforceable. This is easy to do, so don't make what should be a one-way agreement into an artificial mutual agreement.
With this in mind, here are 10 key provisions you should know when drafting an NDA. Properly Identifying the Parties. Definition of Confidential Information. Carveouts to Confidential Information. Representatives. Legally Required Disclosures. Return/Destruction of Confidential Information. Remedies for Breach. Term of the NDA.
A Confidential Disclosure Agreement (CDA), also referred to as non-disclosure agreement (NDA) or secrecy agreement, is a legal agreement between a minimum of two parties which outlines information the parties wish to share with one another for certain evaluation purposes, but wish to restrict from wider use and ...
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.
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.
Whereas confidentiality agreements are typically devised in employment or personal situations to protect sensitive information, NDAs are often used in business and legal settings to protect trade secrets, client lists, and financial data.
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.