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When drafting an NDA, you must choose between a mutual or unilateral NDA. In a unilateral NDA, one party agrees to non-disclosure of confidential information belonging to the other party. In a mutual NDA, both parties agree not to reveal the other's confidential information.

5 Situations That Require a Non-Disclosure AgreementDiscussing the sale or licensing of a product or technology.When employees have access to confidential and proprietary information.Presenting an offer to a potential partner or investor.Receiving services from a company that has access to sensitive information.More items...?Feb 2, 2017

The answer is simple: as early as possible, and ideally prior to any discussions, meetings, or negotiations have occurred. If the parties have disclosed confidential information prior to the execution of the NDA, make sure that the NDA explicitly covers such prior disclosure. This chipmunk is cute, not confidential.

Typical NDA clauses include the following:Definition of Confidential Information.Explanation of Purpose for Disclosure.The Parties to the Agreement.Disclosure.No Disclosure.No Use.Exclusions from Confidential Information or Limits on Information Deemed Confidential.Obligations of Receiving Party.More items...?29-Oct-2020

Most of the mandatory exceptions to confidentiality are well known and understood. They include reporting child, elder and dependent adult abuse, and the so-called "duty to protect." However, there are other, lesserknown exceptions also required by law. Each will be presented in turn.

In an NDA that puts you at a disadvantage, you have a legal option to get out of it. If your agreement doesn't meet all the required elements, from the definition of confidential information to the period covered, your lawyer can challenge it. And a court might find it invalid.

Typical exceptions to the definition of confidential information include (i) information publicly known or in the public domain prior to the time of disclosure, (ii) information publicly known and made generally available after disclosure through no action or inaction of the recipient, (ii) information already in the