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Non-disclosure Agreement
What is a Non-Disclosure Agreement (NDA)?
A Non-Disclosure Agreement (NDA), also known as a Confidentiality Agreement, is a legally binding contract between two or more parties that protects confidential information by preventing those who sign it from disclosing the information to others. This agreement establishes a confidential relationship between the parties involved, ensuring that sensitive information shared between them remains private.
Key Elements of an NDA
- Purpose: The primary purpose of an NDA is to maintain confidentiality and protect sensitive information, such as trade secrets, business plans, customer lists, and unpublished inventions.
- Types: NDAs can be mutual (where both parties agree not to disclose each other's information) or unilateral (where only one party is bound by the confidentiality clause).
- Legal Implications: Breaching an NDA can lead to legal consequences, including lawsuits and financial penalties.
When to Use an NDA
NDAs are commonly used in business negotiations, when hiring employees or contractors, and in situations where sensitive information needs to be shared without risking unauthorized disclosure. They provide a legal framework to safeguard ideas and information from being shared with competitors or third parties.