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Confidentiality Agreement, also known as a Non-Disclosure Agreement or NDA. During commercial negotiations it is vital that you protect any commercial data or information belonging to you or your organisation.
This confidentiality agreement template will protect that information and ensure the handling of such commercial information is dealt with in a professional and secure manner. The agreement is drafted so that it leaves no room for doubt or misunderstanding.
This document also includes a provision to prevent the receiving party from approaching the commercial contacts, partners etc. of the disclosing party - where such details are disclosed as part of the negotiations.
We would recommend that you use it in all negotiations with other parties, where those negotiations require the disclosure of any commercial information.
This confidentiality agreement covers the situation where either or both parties are individuals or an organisation.
Equally important is the return of any confidential information to the disclosing party. The agreement also clearly states that the receiving party must not retain any copies.
However, you should always request and receive written confirmation that all retained documents that are not returned to you are destroyed. This is a particular issue with digital documents, for example documents sent via email.
Clauses in this confidentiality agreement:
It is important during any negotiations that an element of trust exists so that both parties can discuss commercial terms and reach agreement. However, the disclosing party needs to protect their commercial interests during such negotiations, whether an agreement is reached or not.
This confidentiality agreement will provide peace of mind.
Also, a failure or reluctance by the receiving party to sign can be a useful insight into their true intentions. If another party is reluctant to sign this agreement we would recommend that you reconsider any negotiations.
Lastly, you should not disclose any information until this agreement is signed by a person on the other side with the authority to bind their own organisation.
Business Pack - contains this confidentiality agreement and other business documents you will find useful.
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