An agreement is a transaction that takes place between two or more parties. Transaction could be anything about business, sales and purchase, rentals, real estate, investments and many more. Often these agreements are also put in place to keep trade secrets and proprietary information safe.
The featured type of agreement in this article is a non-disclosure agreement. We will be defining what it is, find out what its uses are, identify the different types of non-disclosure agreements and many. We have also gathered non-disclosure agreement samples templates that you may use as reference. Feel free to check them out below.
Editable Non Disclosure Agreement Template
Mutual Non-Disclosure Agreement Sample Template
Confidentiality and Non Disclosure Agreement Template
Printable Non Disclosure Agreement Template
One Way Non Disclosure Agreement Template
Non Disclosure Agreement Sample in Word
Non-Disclosure Agreement Template for Research
Printable Non Disclosure Agreement Template
What Is a Non Disclosure Agreement?
A non-disclosure agreement or NDA is a type of agreement where the parties involve exchange confidential and proprietary information and promise to keep them out of reach of people or parties who are not involved in the agreement. In other words, only the parties involved should know about this shared information and nobody else or there will be a breach or violation and the breaching party will have to face legal consequences.
You may be wondering why information must be shared even if they are considered confidential and proprietary. Situations like this is common in businesses, especially those who are getting into a joint partnership. In order to become partners with another business, they need to exchange relevant and important information with each other and this is part of the discussion for the agreement. This is how most businesses are able to keep their trade secrets safe and out of reach of their competition and outside parties.
Aside from businesses partnerships, non-disclosure agreements are also used by employers on their employees. At some point of an employees career, they will be asked to sign a non-disclosure agreement, especially in situations where the employer is going to share with them important trade secrets of the business. However, it doesn’t really mean that a non-disclosure agreement is signed within the employment. It is often part of a employment agreement as part if the terms and conditions under the agreement.
Also, the presence of a non-disclosure agreement in a transaction gives the parties involved a feeling of security and protection, which eventually helps in the establishment of a healthy and trusting relationship. The shared information may make or break an individual or entity if not taken cared of and that is why trust is necessary for this type of agreement. Non-disclosure agreements are also known as confidentiality agreement or CA, confidential disclosure agreement or CDA, proprietary information agreement or PIA, and secrecy agreement or SA.
Types of Non-Disclosure Agreements
There are three general types of non-disclosure agreements and they are unilateral, bilateral and multilateral non-disclosure agreements. Let us take a closer look at each type and and how they are different.
Unilateral Non-Disclosure Agreement
This type of non-disclosure agreement is sometimes referred to as a one-way non-disclosure agreement. There are two parties involved in this type and they are the disclosing party and the receiving party. The disclosing party is the only one sharing confidential or proprietary information here. This may seem unfair because of the thought that only one party is disclosing information. The receiving party accepts this information and is required to protect is and keep it safe from further disclosure. Unilateral non disclosure agreements are used to protect trade secrets, to keep patent details secret and to limit the amount of information disclosed before the start of a press release.
Bilateral Non-Disclosure Agreement
If there is a one way non-disclosure agreement, there is also a two-way non-disclosure agreement or a mutual non-disclosure agreement. In a bilateral non-disclosure agreement, the two parties both anticipate in disclosing or sharing information with each other. It is the responsibility of each party to protect the shared information from further disclosure. Because an exchange of information takes place, the agreement may seem fare and balanced, as opposed to that of a unilateral non-disclosure agreement. This is often the case when companies or business are considering joint partnership or getting into a merger.
Multilateral Non-Disclosure Agreement
The first two types of non-disclosure agreements only involve two parties. A multilateral non-disclosure agreement on the other hand involves three or more parties wherein only one party intends to disclose information. And again, the other parties are required to protect and keep the shared information from further disclosure. In this type of agreement, there is no need to create separate unilateral or bilateral non-disclosure agreements, which is convenient for the parties involved as they do as the agreement says and implements what needs to be implemented based on only one agreement document. However, because of the number of parties involved in it the terms and conditions as well as the points for discussion may just be complicated.
Having knowledge of the different types of non-disclosure agreement allows you to determine the appropriate type of agreement to use for certain transactions. This way you won’t get into trouble or be mislead into agreeing into something that is wrong or faulty. You may check out more articles related to the topic, like Acquisition Agreement Samples and Templates, Reseller Agreement Samples and Templates, and Business Sale Agreement Samples and Templates.
What Are the Key Elements of a Non-Disclosure Agreement?
There are five key elements that must be present in a non-disclosure agreement. These elements ensure that the agreement being made is a good one. These elements are the identification of the parties involved in the agreement, what is considered confidential in the agreement, the scope of obligations by the party receiving the information, what is not included in the confidential treatment, and the terms and conditions of the agreement.
Identification of the parties involved in the agreement
This simply refers to the disclosing party and the receiving party. They should be identified at the start of the agreement and must be addressed accordingly. A description about the parties involved must also be provided aside from their role in the agreement, like the name of the individual or company, what they do, their address and other related information.
What is considered confidential in the agreement?
The number of things that can be considered confidential is very broad and could be just about anything. In a non-disclosure agreement, it is important to define what confidential means as well as identify what things are to be considered part f the confidential information being protected in the agreement. Confidential information could be those that are put into writing or it may include oral or verbal information.
The scope of obligations by the party receiving the information
The responsibility or obligation of the party receiving the information must be clearly defined in the agreement. The receiving party is obliged to keep the information confidential. This means they must protect it and keep it from being further disclosed, especially to parties or individuals who are not involved in the agreement. Aside from keeping the information protected, they also cannot use it for their own gain. These obligations must be clearly and specifically stated in the agreement.
What is not included in the confidential treatment
Even with non-disclosure agreements, there are certain things that need to be excluded in the agreement because the receiving party already knows about and it may just be a burden for them to keep it confidential. Information that are commonly excluded are information that are already known by the public and information that has been disclose by an entity that is not involved or has no obligation in the non-disclosure agreement.
The terms and conditions of the agreement
Included in the terms and conditions of the agreement is the length of the agreement or how long the agreement should last. Some lawyers argue that is should last forever so that nobody can use the confidential information you have shared any time. However, this may not seem practical and may become too expensive in the long run. Besides, there are information that lose its importance after a number of years.
Look for these key elements in very non-disclosure agreement that you come across. This will tell you whether it is good agreement or not. You may also check out other related articles, like Advertising and Marketing Agreement Template, Restaurant Investment Agreement, and Master Professional Services Agreement.
Confidentiality and Non-Disclosure Agreement Template
Sample One Way Non Disclosure Agreement
Confidentiality Agreement Template for Share Purchase Transaction
Sample Non Disclosure Agreement Template
Simple Non Disclosure Agreement Sample
Free Mutual Non Disclosure Agreement
General Non-Disclosure Agreement Template
Advantages of Using Agreement Templates
What are agreement templates? Agreement templates are written documents that contain all of the parts or components of an actual agreement, except specific information about the agreed transaction. A templates is completed by supplying it with the required information about the actual transaction. Agreement templates offer a lot of advantages to its users and these advantages are listed below.
- Agreement templates helps make the task of creating agreement easy and convenient to do.
- Using a template eliminates the need for any one to create an entirely new document every time it is needed. This not only allows the user to save time, it also allows them to save energy and brain power that they can use on more important things.
- Templates are available online in different varieties and file formats. This is to ensures that everyone can find the right and most appropriate template for their needs.
- Aside from time savings, you can also save dollars with the use of templates as most agreement templates are offered online for free! yes, you read it right. They are mostly offered for free. If they aren’t, then they would be available for a small fee and that would definitely not break your budget.
- Changes or edits can also be done to a templates. If there are details that are not relevant or not necessary, then you can remove them or change them however you want. And once you are down with it, you can have copies printed for you and the other party.
- You can guarantee to have a detailed and complete agreement document with the use of an agreement template. Some of the templates that are available online are made by professionals and others are used by known or existing business.
- If you intend to make you own template, then using already existing sample templates will help you. You can use it as a guide or reference on the details to include as well as what parts your own template is missing.
Using an agreement template makes sense and will help you in so many different ways. If you have not started using this wonderful tool, yet, then you might want to consider using it now. Don’t miss out on the advantages that you can get with it.
Agreement templates and other related articles offering free samples and templates can be found on our website. We have there a collection of agreements that you may be interested in, like Sample Apartment Rental Agreement Templates, Office Lease Agreement Template, and Real Estate Partnership Agreement Templates. Check them out now!
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