What is the purpose of a Non-Disclosure Agreement (NDA) ?
It is often necessary to disclose confidential information to commercial partners. These informations may be commercial, financial ou technical.
Protecting such information is legitimate and logical, since any disclosure could have important economic consequences.
Intellectual property protection is not always adapted to such situation.
Entering into a non-disclosure agreement (NDA) allows the disclosing party to be reassured that all its information will remain confidential and will not be transmitted to a third-party.
In case of breach, the responsible party can be prosecuted and ordered to pay damages as well as any sum agreed on in the agreement. Such sanction, in the NDA, must be sufficiently dissuasive, in order to deter both parties from breaching it.
Which clauses should be included in the Non-Disclosure Agreement ?
NDAs usually include the following terms :
- Definition of confidential information : all information or only those marked as confidential ? It is preferable to clearly define which information is confidential.
- Detail on how confidential information will be used :
- By the receiving party.
- By its subcontractors.
- Penalty in case of breach :
- Contractual liability.
- Automatic financial penalty.
- Duration :
- Of confidential information exchange.
- Of confidentiality obligations.
- Restitution of information.
Our Fee to draft a NDA
Our law firm can draft a non-disclosure agreement for a 400 euros pre-tax fee.
Contact us in order to provide us with all the necessary information to draft the contract. We will get back to you with 24 business hours, and will swiftly draft the contract.