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.
Both parties must enter into the NDA voluntarily and with a clear understanding of its terms. If there was coercion or deception involved, the agreement may not be valid.
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.
To create an NDA simply and quickly, use a pre-existing non-disclosure agreement template like the pre-approved templates from . You should simply: Log in to and choose the NDA Template. Edit the template to include a description of the confidential information and the scope of the agreement.
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.
In California, non-disclosure agreements are governed by state law and must comply with certain requirements to be enforceable. California law generally disfavors NDAs that restrict an individual's right to work, and there are specific rules regarding the enforceability of NDAs in the employment context.
If both parties under the NDA were signing as sole proprietors, you have to ensure that both your full names are stated clearly. If you wanted to ensure that there would be no doubt about who the parties were, then you could add identification information such as addresses or social security numbers.
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.
California Laws on Non-Disclosure Agreements Additionally, an NDA must be reasonable in scope and duration to be enforceable, and it must not be contrary to public policy or violate any laws. The California Uniform Trade Secrets Act (CUTSA) also provides specific requirements for NDAs that protect trade secrets.
Various whistleblower laws protect employees who have signed non-disclosure agreements and find whistleblowing necessary to right the wrongs of their employers. For instance, California law deems unenforceable NDAs that require employees to keep quiet about harassment, discrimination, or unlawful workplace activity.