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ARTICLE · 27 FEBRUARY 2015

NDAs – what are they good for?

While it's always better to have an NDA (non-disclosure agreement), your best protection is the other person's integrity.

AustraliaCorporate/Commercial Law

More than 3,500 confidentiality or non-disclosure agreements are signed in Australia every day. Okay, we totally made that number up but trust us, it's a lot.

NDAs are often exchanged when businesses need to share commercially sensitive information to figure out whether they want to work together. Start-ups ask potential investors to sign an NDA to keep secret their business idea that will take over the world. Procurement departments will demand a signed NDA from prospective vendors before issuing EOIs, RFTs and RFPs.

They're used every day by businesses of all sizes, but are NDAs actually good for anything? Here's what you need to know:

  1. NDAs protect confidential information. If your NDA doesn't properly identify the information you want to protect, it's worthless. Don't assume your template NDA covers everything. If you're planning to share customer data, make sure the definition of confidential information in your NDA refers specifically to customer data.

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