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ARTICLE · 22 JULY 2020

What You Need To Know About The NDA

When a company is sharing its technology or other proprietary information with a potential strategic or commercial partner...

United StatesIntellectual Property

When a company is sharing its technology or other proprietary information with a potential strategic or commercial partner, it will want to ensure that the information is kept secret and not being used for an unauthorized purpose. This is where a non-disclosure agreement (NDA) is relevant.

Put simply, an NDA is a legally binding document that sets out the obligations of the person receiving confidential, non-public information to the person disclosing it. An NDA may be one-way (in other words, it only obligates the receiving party to protect the confidential information of the disclosing party) or it may be mutual (it obligates each party to protect the other party's confidential information). It is also known as a confidential disclosure agreement or confidentiality agreement, but the name of the document and the scope of what the document covers could vary depending on the context, type of transaction and the industry you are in. NDAs are meant to provide assurance

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