NDA - Basic Definition

An NDA (non-disclosure agreement) is a legally binding contract that requires all parties involved to retain confidentiality with information shared during a set amount of time. NDA’s are used in various different settings, which can include business deals, working spaces, or between medical professionals and their patients.

NDA’s are crucial for building trust between the two parties involved. This type of contract ensures things go smoothly and that the necessary information will stay confidential.

Confidentiality agreement

All about NDA ( Non-Disclosure Agreement )

What is NDA ?

NDA - Requirements

In order to have a successful NDA, both parties must be satisfied with the terms discussed in the contract. Through negotiation, an agreement upon the provisions should be reached and thoroughly outlined in the NDA.
Specific requirements for the situation are in the NDA itself, and should include:
what information is to remain confidential consequences for a breach of contracttime period for which confidentiality is upheld.
The information may need to stay confidential indefinitely or simply as long as the parties are in relations with each other.
Depending on the circumstances, the NDA may need to be reviewed with an attorney. If a company is hiring an employee, both the employee and the company may want to speak with a lawyer to feel confident in the terms of the contract.

Types of NDA’s

A unilateral NDA requires only one of the parties to maintain confidentiality. An example is a company hiring an employee who has access to sensitive information. The company is the only participant in this situation who has jurisdiction over what is released and when.

A mutual NDA sets terms for both parties involved to keep information confidential. This type of an NDA is necessary when both parties have an obligation to refrain from disclosing information about the transaction.

All requirements remain pertinent whether a mutual or unilateral NDA is used for the situation.

Breaching the Contract

Breaching an NDA can result in a lawsuit. This could potentially happen in numerous different ways and all parties involved should be aware of the consequences beforehand. For instance, a person revealing the ingredients to a secret recipe used by a restaurant or industry, after signing an NDA, is violating the contract.

The consequences are potentially substantial for everyone involved and shouldn’t be taken lightly. If a lawsuit is filed, a judge will review the NDA and the circumstances around the breach of contract. From there, a decision will be made as to whether the NDA was valid and what the party responsible for the breach will face.

However, it should be noted that the person responsible for breaching the contract will not necessarily face consequences in every circumstance. The person may be pardoned, for example, if the information they leaked pertained to a crime.

If the agreement must be taken to the court, they will evaluate the contract. The terms must be reasonable and the information that is to be kept confidential should, in fact, be information that does not legally belong to the public.

It is important that NDA agreements are upheld. If not, a lawsuit could result in money loss, termination of employment, and overall distrust between participating parties.