Non-Disclosure Agreement
Non-Disclosure Agreements (NDAs) are typically signed when a company plans to share confidential or proprietary information with a potential commercial partner or investor. To clarify, the scope of this overview is for NDAs between two private entities, not with a government counterparty or for circumstances in which the parties to the NDA specifically anticipate disclosing confidential information to a government entity (e.g., teaming for a proposal). The NDA is a legally binding document that defines, among other things, what confidential information will be shared and how the parties can use it. However, NDAs may not be common in some contexts (e.g., when a startup initially pitches an investor).
Annotations: NDA Suggested Language
Things to Consider: NDA Companion Document
For each key provision in the NDA, we have included Considerations and Practical Tips to be utilized as a companion document.