Drafting a confidentiality agreement (disclosing party)—checklist

Published by a LexisNexis Information Law expert
Checklists

Drafting a confidentiality agreement (disclosing party)—checklist

Published by a LexisNexis Information Law expert

Checklists
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This Checklist is to be used when drafting a confidentiality agreement (also known as a non-disclosure agreement or NDA) where you are the party disclosing confidential information under that agreement.

Consider the following questions before drafting the agreement:

  1. what information does the business want to disclose and is that information confidential?

  2. why does the business want to disclose that information?

  3. will the business also be receiving confidential information from the other party?

  4. who is the business disclosing that information to?

For further information, see Precedent: Confidentiality agreement—one-way—pro-discloser.

Checklist

The third column can be used to record observations or comments as the Checklist is worked through.

ChecklistFurther informationNotes (if any)
Parties
☐ Confirm the parties to the agreement.Consider which people and/or entities will be party to the agreement.
What information does the business want to disclose?
☐ Confirm how confidential information will be defined.Consider:—is a general definition or list form appropriate?—will any confidential information belonging to group companies be disclosed?—will any confidential information be
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Jurisdiction(s):
United Kingdom

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