Factors to consider when executing the NDA

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This topic contains 2 replies, has 3 voices, and was last updated by  rd389 7 months, 1 week ago.

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  • #5833

    hruship101
    Participant

    How does a company decides how much information is to be disclosed via the NDA agreement? What decision factors and criteria are taken into the consideration by the management team of the company?

    Please briefly describe your opinion and share an experience of executing the NDA.

  • #5838

    reshamn
    Participant

    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.

  • #5911

    rd389
    Participant

    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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