What to keep in mind
Set out confidentiality duties, recipients, security, exclusions, duration, return or destruction and appropriate remedies for breach.
An excessively vague definition may be hard to apply or interfere with legitimate operations.
Distinctions often confused
Confidentiality is distinct from exclusivity or a binding obligation to complete the transaction.
Frequently asked questions
Can an NDA be signed before a potential acquisition is agreed?
Yes. Protecting due-diligence information is a common early step.
Does every piece of information remain confidential forever?
Not necessarily; duration and exceptions should reflect the information and law.
Informational content. It is not a substitute for professional advice.