What is a non-disclosure agreement?
A non-disclosure agreement (NDA) is a written agreement between two parties. One party, disclosing, and the other party accepts the provision specified in the agreement, agrees not to disclose confidential information that is specified and set out in the agreement. The parties, disclose and accept, can be individuals, companies or legal entities.
By signing the agreement, each party assumes the obligations and rights specified in the agreement, and understands that the information is confidential, valuable for commercial or other purposes, therefore, each of the parties is obliged to keep its secrets. After signing the agreement, the parties can enter into full-fledged business relations without fear of information leakage.
Do you need a non-disclosure agreement?
If you want to enter into a business relationship with another party, but have confidential property that you did not want to show in general, you need a document that will protect your interests. Every business over time acquires a number of unique knowledge that can be monetized in the form of a monetary equivalent, so they must protect their own information that allows them to work - and prevent leakage of confidential information.
Also, the use of a non-disclosure agreement provides that you can use a specific non-disclosure agreement for various purposes. The most common use of confidential transactions:
Non-disclosure agreement for employees.
Use a nondisclosure agreement to prevent employees from sharing business information - unless it is appropriate - or risk breaking their agreements. Some companies make this agreement binding on all employees.
Non-disclosure agreement for reviewing information.
Use an NDA when confidential information needs to be disclosed to attract workers - usually highly skilled workers. It must be signed before the interview.
Use of a contract to preserve intellectual property rights
Use an NDA to protect non-patented inventions. When it is necessary to share information about an invention with other engineers, investors or even family members, the NDA ensures that no one can easily disclose or steal the information you provide.
Protection of interests in financial transactions.
Use the Real Estate NDA to protect the personal and financial information of the buyer, seller, realtor, and anyone else who is involved in an arrangement. This form of NDA also prevents the parties involved from posting secret agreements or leaks of sensitive materials to competing property owners.
Data Leakage Protection
Use NDA Trade Secrets to safely disclose trade secrets to third parties without fear of theft. Trade secrets are often items such as special formulas, practices, tools, software, engineering designs, blueprints, and customer lists - but they can also be unique and unusual.
Main areas of application:
- Іntellectual rights;
- Advertising agencies;
- Software development;
- Website development;
- Tours for visitors;
- Protection of technical developments.
Terms of termination of NDA
Depending on the nature of the confidential information, you may include an item that requires confidentiality to be maintained at all times. This means that there is no expiration date for the contract and it lasts forever. Generally speaking, ordinary confidential information should have a limited timeframe, but trade secrets can be prohibited from distribution and remain indefinitely.
However, the no-expiration clause may not play a key role in court depending on the jurisdiction where it is enforced. We encourage you to talk with a lawyer , if you want to add a provision for an indefinite period of time.