subject: Issues Addressed In A Simple Non Disclosure Agreement [print this page] The Simple Non Disclosure Agreement, which is also known as confidentiality agreement is generally signed between two companies or two individuals. This means, the Non Disclosure Agreement in almost every case includes two entities, which can either be society or a partnership or any other identity. The requirement of this agreement arises when the entities consider doing business between themselves.
The Non Disclosure Agreement is known by other names also, such as, proprietary information agreement (PIA), secrecy agreement and others. It is in all case is a contract made legally between two parties and constitute knowledge and materials, which are confidential in nature. The information is mostly kept secret and is shared only between the parties in mutual interest and is restricted to any third party usage by means of One-Way NDA Forms
A Non Disclosure Agreement Form is signed when the parties have the intention to evaluate the potential existing in the business relationship. If the non-disclosure agreement template happens to be mutual then the parties might possess restriction in providing the material. Single party restriction is also imposed often. Sometimes the employees also sign the NDA with the employer. In precise term the agreement that comprises a clause, which restricts the usage of the confidential information owned by the company, can be referred as Non Disclosure Agreements.
There are few specific issues that are often addressed in a NDA. They are as follows,
* The parties should be outlined to the agreement.
* The information that are considered as confidential should be defined well. All the items should be mentioned vividly in the agreement. Some of the items include, know-how, financial information, customer lists, verbal representations, business practices/strategies, vendor lists and many others.
* The items that needs to be excluded from the list of confidentiality should also be included in the agreement, as otherwise the confidentiality of the data will prove to be null and void. The situation will arise if,
a) The recipient has prior knowledge about the materials
b) The recipient gains the knowledge later from another source
c) The materials are available to the public in general
d) The materials are subjected to a subpoena.
* The provisions restrict data transfer or violation of national security.
* The time period for the confidentiality in years should be taken into consideration.
* A permission of ex-parte injunctive relief should be obtained
* The obligation raised by the recipient include some typical version of obligation and they are as follows,
a) The information should be utilized according to the process described
b) The information needs to be disclosed only to the individuals who are entitled to know it
c) The effort to keep the information secured should be appropriate.
d) Attention should be put to ensure that to whom the information is been disclosed abides by the obligation on restriction of the usage.
The types of disclosure, which are permissible, should always be ensured by an order of the court of law.
For more information flip through the pages of http://www.nondisclosure-agreement.com
