1. What Kind of Confidential
Information can I Protect with an
NDA?
Shantanu
4th Yr.
NLU, Odisha

2. Non-disclosure Agreement (NDA)
• Non-disclosure Agreement is an agreement
between two or more parties in which the
parties share some information amongst each
other and agree to maintain the
confidentiality of the information.
• It is also known as Confidentiality Agreement,
Confidentiality Non-disclosure Agreement,
Proprietary Information Exchange Agreement.

3. Types of NDAs (contd…)
• Two types of NDAs:
(i) unilateral
(ii) mutual
• Unilateral NDA - only one party discloses
confidential information to the other party
and then the other party promises to keep
that information secret.

4. Types of NDAs (contd…)
• Mutual NDA - both parties share confidential
information with each other and vouch for the
nondisclosure of such information to any
other party.

5. Confidential Information (contd…)
• The information must be confidential to be
protected under an NDA.
• The information is not confidential if:
• (i) was lawfully possessed by the receiver
before the agreement was entered into;
(ii) has been rightfully received from some
third party;

6. Confidential Information
(iii) is generally known by the public;
(iv) is required to be disclosed by law; and
(v) is or has been independently developed
by the receiving party.

7. Commercial Information
• The information which is sought to be
protected under an NDA must be of some
financial value to the party possessing it.
• The original party discloses the information
for the fact that without any such disclosure
the contract could not be effectively executed.

8. Thank You