The Standard Non-Disclosure Agreement is essential for businesses and individuals who need to share sensitive information while maintaining confidentiality. This agreement is commonly used in the United States during business negotiations, employment relationships, or potential partnerships. It provides a framework for sharing proprietary information, trade secrets, or other confidential data while establishing clear legal protections and remedies. The document is structured to comply with federal regulations including the Defend Trade Secrets Act and state-specific requirements for trade secret protection.
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1. Parties: Identification of the disclosing and receiving parties
2. Background: Context and purpose of the NDA
3. Definitions: Key terms including Confidential Information, Trade Secrets, etc.
4. Confidentiality Obligations: Core obligations regarding protection of confidential information
5. Permitted Uses: Allowed uses of the confidential information
6. Term and Termination: Duration of the agreement and termination provisions
7. Return of Information: Requirements for returning or destroying confidential information
1. Non-Solicitation: Prevents poaching of employees/clients. Include when sharing information about employees or customers
2. Non-Competition: Restricts competitive activities. Include when sharing business-critical information with potential competitors
3. Security Requirements: Specific security measures required. Include when dealing with highly sensitive technical information
1. Schedule of Confidential Information: Detailed list of specific confidential information covered
2. Security Protocols: Detailed security measures and procedures
3. Authorized Representatives: List of individuals authorized to access the confidential information
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