A non-disclosure agreement (NDA) could protect a company's
confidential and propriety information from misuse following a
disclosure to a potential buyer or investor. There are different
factors to consider in drafting or reviewing an NDA, and one's
perspective should depend on whether the agreement pertains to
disclosure or receiving of confidential information.
NDAs can either be one-way or mutual. One-way NDAs are designed
for instances where only one party is disclosing confidential
information while mutual NDAs involve either individuals or
companies that agree to share confidential information with one
another to complete a transaction.
Most NDAs terminate at some point. Parties may agree on a
specific term depending on the nature of shared confidential
information and on what each party considers valuable to its
operations. It is also common for NDAs to be silent when it comes
to duration. However, setting an expiration date can be an
important term of the