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.
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.
The primary purpose of an NDA is to ensure that proprietary information exchanged during the M&A due diligence process, such as financial information, business strategies, and customer, supplier and employee lists, remains confidential and is not disclosed to third parties.
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.
I hereby undertake to treat as confidential all and any information that I receive while participating in the work of evaluating project proposals, to use this information solely for the purpose of evaluation of the proposals, not to disclose it to any third party and not to make it publicly available or accessible ...
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.
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.
Every non-disclosure agreement must specifically designate each party involved. The individual receiving the sensitive information can be a specific person, all employees of another specific company, or any representative of the company. It's very important for a company to appropriately define itself in an NDA.