Non-Disclosure Agreement (NDA)

On the basis that it cannot be assumed that discussions with or disclosures to third parties are confidential, a non-disclosure agreement (NDA) ensures that information that is required to be kept confidential remains so. A NDA is a contract that sets out the extent, limits to and modes of disclosure of confidential information. It enables the parties requiring confidentiality to ensure that disclosure is restricted beyond the means stated in the contract. NDAs can be one-way if one party is disclosing or two-way if two parties are disclosing. Cross-border NDAs should state the law governing the contract.