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The 5 No's of Confidentiality Agreements

  1. 5 No's of Confidentiality Agreements
  2. A Confidentiality Agreement (1) (NDA) essentially acts as a paper shield, protecting your business from the possibility of sensitive information being disclosed or a great idea being stolen. (1) Link to
  3. But your Confidentiality Agreement will only work as a deterrent if it’s drafted and executed properly. Here are the top 5 no-no’s and what to do instead.
  4. No boilerplate agreement 1
  5. Templates are okay, so long as you use them as just that: a template. Do your homework and make sure that template is filled in and expanded to properly meet your needs. If you need a custom NDA agreement include a reasonable timeframe. Use the EveryNDA Generator (2) (2) Link to
  6. Don't be ambiguous 2
  7. Don't be overly broad or too vague. Strike a balance. As the Disclosure Party, your goal is to protect your business as broadly as possible and eliminate any loopholes. While it may be tempting to use language that covers, well, everything, the courts won’t see justice in that and neither will the other party.
  8. Don't forget 3rd parties 3
  9. Include everyone involved. Ensure that the Recipient Party is only discussing your confidential information with parties that are on a "need-to-know" basis.
  10. EveryNDA Don't forget the time limit 4
  11. Include a reasonable timeframe (3). Be realistic. Some confidential information has a finite lifespan. Trade secrets should not (4). (3) Link to (4) Link to
  12. Don't wait to sign 5
  13. Get the confidentiality agreement signed upfront. The important point here is to sign all your agreements in advance. Anything you say, even in preliminary discussions, can be vulnerable to disclosure.
  14. Credits Icon from slide 1 created by from the Noun Project. Icon from slide 4 created by Creative Stall from the Noun Project. Icon from slide 6 created by Thomas Helbig from the Noun Project. Icon from slide 9 created by Viktor Vorobyev from the Noun Project. Icon from slide 11 created by Loading Oliviu Stoian from the Noun Project. Icon from slide 13 created by Takao Umehara from the Noun Project.