Non disclosure agreements are one of the most common kinds of commercial contract. They are used by businesses in a huge variety of different circumstances, whenever a business wants to protection the confidentiality of information disclosed to another person. For example, non disclosure agreements (NDAs) may be used when two companies are negotiating a joint venture, in connection with the sale or acquisition of a company or business, or in relation to the disclosure of an invention, artistic work, software program or business idea.
The first few sections of this NDA precedent can be seen free-of-charge here:
Precedent Non Disclosure Agreement
This template NDA can be adapted to be either unilateral (i.e. one way) or mutual (i.e. two way). A unilateral NDA should be used where one person or company is disclosing confidential information to another; whilst a mutual NDA should be used where there are two persons or companies, and each is disclosing confidential information to the other.
The key provisions of this non disclosure agreement are:
- The definitions of confidential information.
- Confidentiality obligations: what is a party receiving confidential information permitted to do with it? What exceptions are there to those permissions?
- Termination: how can the parties exit the NDA, and what are the consequences of doing so?
A full listing of the provisions of this document is as follows: (1) Definitions, (2) Term, (3) Company obligations, (4) Customer obligations, (5) Warranties, (6) Termination, (7) General.
The NDA template is 6 pages long. It comes in Word (.doc) format. A link to the template will be automatically emailed to you upon purchase.
A range of resources relating to non disclosure agreements and the laws of confidence are available here: non disclosure resources