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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

What's Not Included in an NDAPublic records such as information filed with the SEC or the address of the company headquarters are not covered by an NDA. Moreover, not all knowledge is protected in an NDA. If the information is revealed due to a court-ordered subpoena, the aggrieved party may not have legal recourse.

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

An NDA should be reasonable and specific about what's considered confidential and non-confidential. Language that is too broad, unreasonable or onerous can void an agreement. Courts will also challenge or invalidate agreements that are overly expansive, oppressive or try to cover non-confidential information.

The most common areas where non-disclosure agreements are determined to be unenforceable are where they are not limited in duration, or scope. Illegality: Courts will refuse to enforce a contract where the underlying purpose is against the law.

An NDA is a legally binding contract that requires parties to keep confidentiality for a defined period of time.The NDA could not only provide for monetary remedies in the event of a breach but more importantly, provide injunctive relief to stop any further breaches from occurring.

A non-disclosure agreement (NDA) is an agreement in contract law that certain information will remain confidential. As such, an NDA binds a person who has signed it and prevents them from discussing any information included in the contract with any non-authorized party.