Drafting a confidentiality agreement (disclosing party)—checklist
Published by a LexisNexis Information Law expert
ChecklistsDrafting a confidentiality agreement (disclosing party)—checklist
Published by a LexisNexis Information Law expert
ChecklistsThis 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:
- •
what information does the business want to disclose and is that information confidential?
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why does the business want to disclose that information?
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will the business also be receiving confidential information from the other party?
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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.
Checklist | Further information | Notes (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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