Non Disclosure and Confidentiality Resources

Non-disclosure agreements (NDAs) are widely used in business. They are commonly used, for example, in negotiations for a joint venture or company acquisition or merger; or when hiring contractors or employees.

As well as preventing the disclosure of information, they may require the recipient of confidential information to take specific security measures to protect the information, to restrict the uses to which the information may be put, and to impose obligations upon others to whom the information may be disclosed.

On this page we have collected together links to a range of resources relating to NDAs and confidentiality, including introductory articles, web blogs, sample agreements, and law firm directories.

What is Confidentiality and What are NDAs?

Dictionary.com defines confidentiality as "spoken, written, acted on, etc., in strict privacy or secrecy" or "indicating confidence or intimacy; imparting private matters" or "having another's trust or confidence; entrusted with secrets or private affairs". They key elements of the concept are a relationship, a communication, and a confidential matter that is communicated.

Discussions of the concept of NDAs and their uses can be found on Wikipedia and Yahoo Business. These sites provide links to resources that expand upon that discussion. Business Link and the UK's Intellectual Property Office also provide guidance on NDAs and confidentiality, as well as some sample agreements.

Templates and Sample Non Disclosure Agreements

We supply a standard jurisdiction-neutral non disclosure agreement template. Another SEQ Legal site, Website Contracts, supplies a range of NDAs governed by English law.

Onecle has an array of examples under the headings non-disclosure agreements and confidentiality agreements. A handful of samples are also available on TechAgreements.

Blogs on NDAs and Confidentiality

There are a large number of legal blogs and blog posts that discuss non disclosure agreements the law of confidence:

• Florida IP Blog
• E-Local Lawyers (also provides a directory of law firms)
• Business Expert Webinars (discusses NDAs and employment)
• Website Law (focuses on using NDAs in technology businesses)

Books

If you want to learn about NDAs and/or confidentiality in depth, then blogs will only get you so far. There is a wide selection of books to choose from on the subject of confidentiality law, most of which are jurisdiction-specific.

Amazon and Blackwells both have a wide selection of books to choose from.

Google Books can also prove useful in the search for relevant materials and provides links to sites where you can make a purchase.

Law firms Specializing in Trade Secrets / Confidentiality

Although most commercial firms and practitioners will be able to deal with basic issues of confidentiality law and the drafting of NDAs, a specialist should be instructed to advise upon high-value transactions and complex legal issues.

HG.org and The Legal 500 publish large directories of law firms from different jurisdictions that specialize in trade secrets and the law of confidence.