Types of Non-Disclosure Agreements Available for Download

People and businesses use non-disclosure agreements (NDAs) to protect their confidential information when they are discussing possible business arrangements or deals.

Mutual Non-Disclosure Agreement

When both parties to the NDA are going to be sharing confidential information, they should use a mutual NDA. With a mutual NDA, each party is obligated to protect the other party’s confidential information. If only one party will be sharing confidential information, then a unilateral NDA is more appropriate.

What are a few of the common situations where you might need an NDA?

• When parties are discussing a merger or acquisition
• When an inventor is discussing commercializing or selling an invention
• When businesses are discussing some kind of a partnership or joint venture arrangement

What are some of the key provisions in this template?

• Description of what is considered confidential information
• Description of the purpose for the sharing of confidential information – this section will need to be completed by the parties to the agreement, based on what they are doing
• The level of care that each party must observe in safeguarding the other party’s confidential information
• Restrictions on the use of confidential information
• A list of the kinds of information that is not confidential information
• Remedies for breach of the NDA
• What state law will govern the NDA, and where litigation must take place
• How to terminate the NDA
• How to send notices from one party to the other party

Unilateral Non-Disclosure Agreement

When only one party to the NDA is going to be sharing confidential information, they should use a unilateral NDA. With a unilateral NDA, one party shares its confidential information, and the other party is obligated to protect such confidential information. If both parties will be sharing confidential information, then a mutual NDA is more appropriate.

What are a few of the common situations where you might need an NDA?

• When parties are discussing a merger or acquisition
• When an inventor is discussing commercializing or selling an invention
• When businesses are discussing some kind of a partnership or joint venture arrangement

What are some of the key provisions in this template?

• Description of what is considered confidential information
• Description of the purpose for the sharing of confidential information – this section will need to be completed by the parties to the agreement, based on what they are doing
• The level of care that the receiving party must observe in safeguarding the other party’s confidential information
• Restrictions on the use of confidential information
• A list of the kinds of information that is not confidential information
• Remedies for breach of the NDA
• What state law will govern the NDA, and where litigation must take place
• How to terminate the NDA
• How to send notices from one party to the other party