NDA usually excludes the information that is publicly available or information that was already made available to the recipient prior to its disclosure. It also excludes information which was obtained by a third party which may or may not be under another confidentiality obligation. It is very important to narrow the scope of information to different exceptions so that it is as broadly covered as possible.
When you go to work for a company that requires you to sign an NDA, or you are a company looking to hire employees under a nondisclosure agreement, you will generally see at least five basic elements in the nondisclosure agreement. These are:
1. The definition of “confidential information” that the NDA deals with;
2. Any exclusions from the confidential information;
3. The obligations and duties of the party receiving the confidential information;
4. The time periods for which the NDA will be valid and enforceable; and
5. Any miscellaneous provisions.
Source: A Nondisclosure Agreement – FindLaw. (2017)
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