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Non-disclosure agreements (NDAs) and non-compete agreements, also called a non-competition agreement or covenant not to compete, have distinct purposes. Both documents, however, are restrictive covenants that limit what an employee can say or do, and (often) where they can and cannot work.
Depending on your needs, you can choose from three types of NDAs: unilateral, bilateral, and unilateral. Unilateral NDAs only require one party to disclose confidential information, while bilateral NDAs require two parties to disclose private information.
In a unilateral NDA, one party agrees to non-disclosure of confidential information belonging to the other party. In a mutual NDA, both parties agree not to reveal the other's confidential information.
NDAs, or non-disclosure agreements, are legally enforceable contracts that create a confidential relationship between a person who has sensitive information and a person who will gain access to that information. A confidential relationship means one or both parties has a duty not to share that information.
Typical exceptions to the definition of confidential information include (i) information publicly known or in the public domain prior to the time of disclosure, (ii) information publicly known and made generally available after disclosure through no action or inaction of the recipient, (ii) information already in the
The High Court has held that a contract can, where the negotiations are complex, be made in two different jurisdictions. The decision has important ramifications in relation to where proceedings may be issued and therefore affects issues of both certainty and flexibility of where proceedings take place.
It's also possible to draft the jurisdiction or choice of law clause in such a way that there are two exclusive jurisdictions in the same NDA.
Parties are free to choose either one or multiple applicable legal systems for their contract. They could also choose different laws for different aspects of the contract.
Summary A Reciprocal Confidentiality Agreement, otherwise known as a Non-Disclosure Agreement or NDA, can help to protect private, sensitive or confidential information disclosed between two people. This NDA provides for a reciprocal duty of confidentiality.
A reciprocal, or mutual, nondisclosure agreement protects both parties who are entering into a business relationship through which confidential information will be exchanged.