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5 Situations That Require a Non-Disclosure AgreementDiscussing the sale or licensing of a product or technology.When employees have access to confidential and proprietary information.Presenting an offer to a potential partner or investor.Receiving services from a company that has access to sensitive information.More items...?Feb 2, 2017

Certain types of information are not appropriate to include in a non-disclosure agreement, including:Knowledge the receiving party had prior to the creation of an NDA. Information obtained from a third party who had the right to disclose it. An idea, process, or product created independently by the recipient.

In order to minimize the risk of information falling into the wrong hands, make sure to avoid the four common NDA traps below.Typos and Clerical Errors.Poorly Defining "Confidentiality"Not Defining Enforcement and Penalties.Having the Wrong Person Sign.Final Thoughts.May 29, 2018

Confidential Information also includes any notes, analyses, compilations, studies or other material or documents prepared by the recipient party which contain, reflect or are based, in whole or in part, on the Confidential Information.

An NDA creates a confidential relationship between the parties, typically to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects non-public business information. Like all contracts, they cannot be enforced if the contracted activities are illegal.

An NDA may be valid indefinitely, or for a specific period of time - it depends on the particular terms and the situation. An NDA's strength depends on your ability to enforce it. An NDA doesn't do much by itself if you don't have the resources to remedy/go after breaches (this can be time consuming and expensive).

However, a NDA will not protect information that becomes publicly available,confidential information a party discovers through legal independent means, information that a party deems not confidential, nor any information ordered disclosed due to a court order.