Non-Disclosure Forms (Confidentially Agreements)

A word about Confidentiality Agreements 

You and the other person must first come to an understanding that what you are about to disclose is supposed to stay secret.  This seems rather fundamental but I mention it here because in my experience, many times the parties prior to the disclosure do not reach this understanding. 

You will find some people will not sign a confidentially agreement.  Also, because of the nature of the relationship between you and another party, you might feel uncomfortable asking someone to sign one.  Understand that oral agreements are also enforceable in court and the excuse “I did not sign anything” won’t work as an excuse.  Although without a written agreement you will have a harder time proving the agreement of the parties.

The most important part of a confidentially Agreement is defining what is confidential information.

Your definition should be specific enough so that everyone understands what is confidential and what is not confidential.

Also our agreement states that anything that is tangible shall be marked confidential.  It is important to mark all of your confidential information “Confidential” before disclosing it to the other party and if the Confidential Information is disclosed orally or visually, it should be identified as such at the time of disclosure.

Mutual Non-Disclosure Agreement
Use this document if both parties will be disclosing confidential information to the other.

Non-Disclosure Agreement – Independent Contractor
Use this document if you will be disclosing confidential information to an Independent Contractor.

Non-Disclosure Agreement – Where One Party Is Disclosing Confidential Information To The Other Party
Use this Document when you are disclosing confidential information to any third party, i.e. a business advisor or consultant.