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Non-Disclosure Agreements (NDAs), Explained

The contract that protects confidential information in a deal or relationship.

What is a non-disclosure agreement (NDA)?

An NDA, or confidentiality agreement, is a contract in which one or both parties agree to keep certain information secret and use it only for a defined purpose. NDAs are used before deals, partnerships, and hires whenever sensitive information — financials, customer lists, technology, strategy — has to be shared.

Key terms

  • Definition of confidential information — what is actually covered;
  • Permitted use — the limited purpose for which it can be used;
  • Duration — how long the obligation lasts; and/or
  • Exclusions and remedies — what is not covered and what happens on a breach.

One-way vs. mutual

An NDA can protect one side (one-way) or both (mutual), depending on who is sharing. The right structure and scope matter: an NDA that is too narrow leaves information exposed, while one that is unreasonably broad can be hard to enforce. When information is misused, an NDA supports a cease-and-desist demand and a claim.

How Nochumson P.C. helps

Nochumson P.C. drafts and enforces NDAs and other business contracts. Contact us to protect your confidential information.

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