A non-disclosure agreement, also called a confidentiality agreement, is an agreement designed to protect confidential information. This can be unilateral, so that only one party is bound by obligations of confidentiality, or mutual, so that both parties are bound.
A non-disclosure agreement is very useful where two parties wish to enter into discussions with a view to entering into a formal contractual relationship at a later date. The parties can then release confidential information to each other in order to evaluate the proposed relationship with the security of knowing that the recipient of the information is required to keep it confidential.
Non-disclosure agreements are often used when discussions begin in connection with the following:
Non-disclosure agreements can be used not only to protect the confidentiality of information, but also to prevent the recipient from using that information for its own purposes, even if doing so is not technically a breach of confidentiality.
We have extensive experience and expertise in negotiating and drafting mutual and unilateral non-disclosure agreements, in a wide variety of circumstances. We are aware of the commercial sensitivity and value of confidential information, and ensure that any non-disclosure agreement is tailored to the specific circumstances in which it is required.