Contract Basics
Published on:
March 27, 2024
12min read

Create NDA in minutes on Cheers

Luciana Gasser

What is a Non-Disclosure Agreement (NDA)?

A Non-Disclosure Agreement (NDA) is a legal document that creates a confidential relationship between parties. It specifies which information must be kept secret and restricts who it can be shared with. NDAs are important for protecting sensitive business information, such as trade secrets and proprietary data, from being revealed to outsiders. They are often used in business negotiations, when forming partnerships, and when disclosing confidential details to employees, contractors, or other third parties.

Types of NDAs

An NDA can be unilateral or mutual. A unilateral NDA, also known as a one-way NDA, involves one party disclosing information to another, who is then obliged to keep it confidential. This format is prevalent when a business shares proprietary details with potential investors, employees, or contractors.

Conversely, a mutual NDA, or two-way NDA, applies when both parties exchange confidential information and both must keep the shared data secret. This type is common in joint ventures or partnership discussions where sensitive information is mutually exchanged.

Benefits of Using Cheers' NDA Template

  • Protect Sensitive Information: The NDA ensures parties can exchange confidential data securely. The agreement legally compels the recipient not to misuse or reveal sensitive information, providing legal recourse for the disclosing party in case of a breach.
  • Clear Definition of Confidentiality: Cheers' NDA template clearly defines the scope of what is considered confidential, removing ambiguity around protected information. It delineates non-confidential information, such as data already in the public domain or accessible through open sources.
  • Control Over Information Usage: Cheers' template allows you to impose specific conditions on the handling of your confidential information, like restricting copying, to minimise unintended disclosures and maintain data integrity.

For those uncertain about which NDA template suits their needs, Cheers offers expert support directly through our app help bubble.

Key Elements Included in Cheers' Mutual NDA Template:

  • Purpose: Clearly delineates the reason for sharing confidential information, ensuring mutual understanding of the disclosure's context and necessity.
  • Duration: Defines the period during which the receiving party must maintain the information's confidentiality.
  • Mandatory Disclosure: Outlines conditions under which the receiving party may legally need to disclose information, ensuring such disclosures do not breach the contract.
  • Returning or Destroying Information: Details protocols for either returning or destroying the confidential information after the agreement's conclusion or upon the disclosing party's request.

Optimal Time to Use an NDA

The best time to use an NDA is at the beginning of a negotiation, especially when the final agreement's details are yet undecided or uncertain. Confidential information, like a new feature being tried out on a proof of concept (POC), is shared. An NDA serves as a preliminary agreement, setting up initial terms and distinguishing genuinely interested parties from the merely curious.

Create and sign an NDA in minutes with Cheers, securing your business interests efficiently and effectively. Start here.

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