Practical tips for confidentiality and non-disclosure agreements
Many transactions which a company enters into with another business may require a confidentiality or non- disclosure agreement before negotiations start.
It is always advisable to get a signed confidentiality agreement in place before any confidential information is disclosed. However, there are a number of practical ways in which a party disclosing information can ensure that the recipient protects confidential information and complies with their obligations under the non- disclosure agreement (NDA) and/or the Data Protection Act 2018.
Identify the recipient of the information
Each person responsible for disclosing confidential information should be made aware of who is and isn’t authorised to receive it.
A company should not assume that just because an individual is copied into an email he is necessarily authorised to receive this confidential information. Also, before allowing anyone to be an authorised recipient under any NDA, the disclosing party should be satisfied that he is willing to receive the confidential information and that he will comply with its obligations.
Disclaimer: Please note that this fact sheet is for guidance only and is not intended to replace legal advice.