Typically, a legal professional writing the NDA will complete these steps: Step 1 - Describe the scope. Which information is considered confidential? ... Step 2 - Detail party obligations. Step 3 - Note potential exclusions. Step 4 - Set the term. Step 5 - Spell out consequences.
To create an NDA simply and quickly, use a pre-existing non-disclosure agreement template like the pre-approved templates from . You should simply: Log in to and choose the NDA Template. Edit the template to include a description of the confidential information and the scope of the agreement.
NDAs are enforceable when they are signed — if they are properly drafted and executed. NDAs are enforceable once signed, provided they have been drafted and executed properly. Unilateral NDAs need only the signature of the receiving party, whereas mutual non-disclosure agreements need the signatures of both parties.
To enforce an NDA, you typically have to file legal action against the person for breach of contract if you believe they disclosed information they shouldn't have. Employers can also ensure that breaching an NDA is a fireable offense in their employment contracts and handbooks.
If you need an NDA, looking at templates online isn't a bad place to start, but ideally you should work with a lawyer who can write a simple NDA for you or tweak the one you have. You may be able to find someone in your community who can do it for a few hundred bucks.
You do not need a lawyer to create and sign a non-disclosure agreement. However, if the information you are trying to protect is important enough to warrant an NDA, you may want to have the document reviewed by someone with legal expertise.
An NDA does not necessarily need to be notarized to be valid. The key elements for its validity are mutual agreement, clearly defined terms, and exchange of consideration (which can be the mutual exchange of information).
There are three types of NDAs: unilateral, bilateral, and multilateral. Read on to learn when you should use each type.
Five other key features must be included in your NDA to ensure it's legally binding, including a description of confidential information, obligations of the parties involved, any exclusions, the term of the agreement and consequences of a breach.