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Do you know what to do when asked to sign an NDA?

Created on 08 Jan 2016 | Last updated by Ulysses Maclaren on 27 Jun 2019 03:49 AM (almost 2 years ago)

Signing contracts - A Non-Disclosure Agreement (NDA) also known as a Confidentiality Agreement can sometimes have a lot of legal implications and you should be careful before signing one.

The correct process if you have access to a legal resource would be:

  1. Browse over it to see if there are any issues you can pick up (So you can learn)
  2. Give it to your legal guy(s) to review and make their comments
  3. Send feedback from the legal guys to the client
  4. Make changes to the document as requested by the legal guys and agreed to by the client
  5. Sign document

If you don't, then look out for these three potential tripping points:

  1. Specific damages (e.g. $1,000,000 per breach)
  2. Funny jurisdiction (at least it should be in the country you are in)
  3. If the agreement is not mutual you need to be extra careful. One sided agreements makes one of the parties lose out
  4. Always request that any indemnity be deleted
Ulysses MaclarenUlysses Maclaren
Cameron ShawCameron Shaw

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