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  • Writer's pictureFroese Law

Protect Your Competitive Advantage with Non-Disclosure Agreements

Updated: Jan 15

Every single business, regardless of whether it is a start-up or a multi-national corporation, owns some kind of confidential information, whether that be their customer list, marketing plan, financial data, or even a sales or investment deck. In order to ensure that your business’s private information is protected, every business whether big or small should consistently implement a Non–Disclosure Agreement (NDA) before discussing this information with anyone outside their company.

What is a Non-Disclosure Agreement?

A NDA, in simplistic terms, is a contract that legally binds someone to keeping a secret. As we all know from experience, keeping a secret is not always easy (and does not always go smoothly) and an NDA can act as a contractual requirement to ensure that information regarding a business is being kept private. This contract creates a relationship between a business and its partners whether that be employees, contractors, clients or any other party that may have access to important and non-public information within a specific business. By creating a contract tailored to specific parties, a business can ensure that their information is protected and can prevent the releasing of that confidential information to the public, and especially getting into the hands of its competitors.

Key Elements of a Non-Disclosure Agreement

A NDA must consist of various elements that will maximize its effectiveness and ensure the protection of vital information. The agreement should always identity the specific information that it is meant to be protected. While not everything your business does needs to be protected, a NDA should specify in detail what type of information can and cannot be shared with the public. A NDA should also state a time frame, as most non-disclosure agreements do not last forever, or until the information becomes public and it is important to set a specific frame for the agreement to avoid any confusion between the parties. Also, the NDA should both define the legal punishments for breaching the agreement as well as a method of resolving a dispute within the agreement. It is extremely important to clearly outline the details of the agreement in addition to the ramifications of a potential disagreement within the contract.

Why Are NDAs An Important Business Tool?

Running a business is not always easy and numerous challenges can arise in multiple faucets of a company. As a business owner, it is important to take the necessary steps to limit the amount of issues that your company may face. NDAs are an extremely important step that all businesses should implement in order to protect vital information and prevent the unwarranted disclosure. Without NDAs, it would be impossible to make any business unique and effective, as the entire world would be able to have access to every piece of information within a company. Don’t make it harder on yourself to protect your company. Use NDAs to keep private the things that distinguishes your business and makes it invaluable.

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