The document discusses a mutual non-disclosure agreement (mutual NDA), which is an agreement between two parties exploring a business opportunity to treat any disclosed information confidentially. A mutual NDA prevents the parties from sharing information about their dealings and protects proprietary information shared between them from disclosure. It provides two-way confidentiality protection for both signing parties regarding discussions, decisions, transactions, and other confidential details that occur between them. Mutual NDAs are commonly used when confidentiality is required between companies, firms, individuals, or in other situations like landlord/tenant matters or disputes where privacy is important.
2. What is Mutual-NDA?
The Mutual Non-Disclosure Agreement is a sample contract between two
parties exploring a business opportunity of mutual interests, whereby the
parties agree to treat disclosed information concerning the opportunity as
confidential
3. What it prevents?
A mutual non-disclosure agreement prevents two or more parties from
divulging information pertaining to the other parties involved. It is basically a
mutual agreement not to discuss dealings or decisions that have transpired
between the parties.
4. Meaning….
This could simply mean that an employee might be prohibited from discussing
business trade secrets of their former employer, while at the same time
requiring the former employer from discussing confidential information
regarding the employee, such as salary, the agreement where termination or
notice was given, and the like.
5. Usage
The Mutual Non-Disclosure Agreement outlines the terms and conditions of
the contract and is customizable for your company’s specific usage.
Non-disclosure agreements can be used in the business arena or in personal
matters. Any nondisclosure agreement that imposes obligations on both
parties, is a mutual non-disclosure agreement
A mutual non-disclosure agreement is usually signed when there is a necessity
for confidentiality. It could be signed between two or more contracting
parties: either companies, firms (including partnerships) or individuals. It is
signed to protect any proprietary information or trade secrets they wish to
share with one another.
6. Usage Contd…
They may also be used in landlord/tenant matters, marital issues, custody
disputes, and many different situations where neither party wishes the
other(s) to discuss transactions which have occurred. The agreement offers a
“two-way” protection for those signing it. In most circumstances, mutual non-
disclosure agreements will be rendered void if the information they protect is
required by a court of law in a related matter.
7. Salient Features
The agreement, often called a confidentiality agreement, includes several
types of closely held information:
Information on the nature of and formulas for patents, copyrights, trademarks
and service marks.
Information on company processes ("the way we do things here").
Information on trade secrets- a formula, device, or mechanism, for example -
that provides a competitive advantage to a company and which is severely
compromised if disclosed.