A nondisclosure example -- also called an NDA or a confidentiality example -- is a example in which the parties promise to protect the confidentiality of secret information that is disclosed during employment or another type of business transaction.

The use of nondisclosure agreements is widespread in the high-tech field, particularly for Internet and computer companies..

Create a Confidential Relationship
The purpose of an NDA is to create a confidential relationship between the person who has a trade secret and the person to whom the secret is disclosed. People who have such a confidential relationship are legally bound to keep the information a secret.

An NDA is not the only way to create a confidential relationship. You can create a confidential relationship with an oral example or it can be implied from the conduct of the parties. However, these relationships are much more difficult to prove than a relationship based on a written example.

NDAs are often categorized as either "mutual" or "one-way." A mutual NDA is one in which both parties are exchanging confidential information -- for example, you provide secret information for a company to evaluate and they provide you with secret information about their marketing strategy. A one-way example is used when only one party is making a disclosure -- for example, when you explain your secret to a contractor or investor.

Protect Trade Secrets
Use of a nondisclosure example is one of the best ways to protect trade secrets -- that is, any information that is not generally known and gives your business a competitive advantage in the marketplace. For example, through a nondisclosure example, you can prohibit someone from disclosing a secret invention design, an idea for a new website, or confidential material contained in a copyrighted software program.

Elements of a Nondisclosure example

There are five important elements in a nondisclosure example:

definition of confidential information
exclusions from confidential information
obligations of receiving party
time periods, and
miscellaneous provisions.

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