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What should go into a non-disclosure agreement

On Behalf of | Jul 23, 2015 | Business Litigation

What makes a start-up company unique is that it doesn’t have to adhere to traditional corporate rules in order to survive, or to thrive for that matter. Because of this, small companies can be swift and nimble enough to keep pace with technological changes and customer preferences and develop new ways of doing things to meet those changes.

Successful startup companies rely on developing relationships; whether it is with temporary contractors or with other companies that can help in fostering new ideas and services. Part of making sure these relationships work involves the incorporation of non-disclosure agreements. Most small business owners know how NDAs work, but it is the specific language of these contracts that most people need help with.

This post will provide some basic tips. 

Identify what is to be considered protected information – Indeed, you don’t have to disclose specific trade secrets or other confidential information, but giving participants to the contract a reasonable idea of what should be considered confidential is essential.

Set forth expectations for confidentiality – The NDA should also be specific about who may have access to sensitive information and establish rules for who may disclose such information.

Provide legal recourse – Should a breach of the contract occur, there should be notifications of the legal consequences and remedies that may be sought.

Naturally, the preceding is not legal advice. If you have questions about how your non-disclosure agreement should be structured, what clauses should be included and how it may be enforced, an experienced business law attorney can help.