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NDAs are legally enforceable contracts, but they're now coming under increased scrutiny from lawmakers, attorneys and legal experts. Companies often use them as part of an employment contract or settlement agreement to protect sensitive information — like trade secrets.
The nondisclosure agreement should identify the parties to the agreement and which one is the disclosing party, or side sharing the information, and the recipient. Names and addresses of the parties should be included. The agreement should also identify other individuals who may be parties to the agreement.
In a Unilateral Nondisclosure Agreement, only one party is disclosing confidential information to another party. For example, one company might be requesting bids for work on a project. In a Mutual Nondisclosure Agreement, both parties are sharing confidential information they want to protect.
The cold hard truth is that most NDAs do not hold up in court. Non-Disclosure Agreements are most effective in establishing a paper trail of confidential information as it relates to partnerships, and discouraging partners from misappropriating proprietary information.