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A confidentiality agreement should include a clear definition of the confidential information, scope of the agreement, obligations of the receiving party, the duration of the contract, any exceptions to confidentiality, and the consequences of a breach of the contract.
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.
Five requirements for an NDA The names of the parties to the agreement. A definition of what constitutes confidential information under the NDA. Any exclusions from confidentiality, including specific types of information and permissible recipients. Appropriate uses for the shared information.
To be valid, a Non-Disclosure Agreement only needs two signatures ? the disclosing party and the receiving party. It doesn't need to be notarized or filed with any state or local administrative office.
To create a legally-binding non-disclosure contract, you must use specific language when defining confidential information, parties, and scope. Broad language that can be interpreted many ways may not hold up in a legal dispute.
An NDA does not necessarily need to be witnessed, but it is recommended to have a witness present during the signing of the agreement to further strengthen the validity and enforceability of the contract.
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.
Agreements that are overly broad, oppressive, or attempt to contain non-confidential information will also be challenged or invalidated by the courts. Before Signing an NDA, always have a lawyer review it. Keep an eye out for onerous clauses and proceed with caution before putting your name to anything.