Development of Non-Disclosure Agreement (NDA) for Confidentiality

The Non-Disclosure Agreement (NDA), also known as a confidentiality agreement, is a legal document that establishes the obligations of one or more parties not to disclose confidential information received from another party. The primary purpose of such an agreement is to protect confidential information and prevent its unlawful disclosure or use.

Development of a Non-Disclosure Agreement (NDA) is a service provided by qualified lawyers at Dextra Law. Our guarantees include an individual approach, in-depth knowledge, and reliable protection of businesses from unfair competition.

Where and Why Is an NDA Used?

The Non-Disclosure Agreement is used to safeguard confidential information exchanged between parties during cooperation or negotiations. This is particularly crucial in business, technology, and other sectors where the confidentiality of innovations, strategies, and technological details is critical. The agreement defines the scope of information, confidentiality periods, responsibility for breaches, and other conditions to provide legal assurance for the protection of confidential data.

This legal document enables parties to exchange essential information while ensuring that this data remains confidential and will not be used or disclosed without the consent of both parties.

Requirements for an Effective NDA

To be an effective and reliable legal instrument, an NDA must meet several key requirements:

• Clearly identify the parties obligated to adhere to the non-disclosure terms;
• Have a clear and broad definition of what constitutes confidential information;
• Establish time limitations during which information is considered confidential;
• Provide precise definitions of each party’s duties and responsibilities regarding confidentiality;
• Define information that is not considered confidential or situations where confidentiality can be waived;
• Specify terms for compensation in case of agreement breaches and the possibility of taking measures to protect rights.

What Should Not Be Included in an NDA? Is This Practice Effective? What Do Ukrainian Courts Say?

Entering into an NDA is subject to general principles of legal validity, but there are certain limitations and mandatory elements that can vary depending on the jurisdiction. Ukrainian courts recognize NDAs and consider them an effective instrument for protecting confidential information.

However, there are certain circumstances where an NDA may be limited or declared invalid:

• Non-compete clauses. The document should not include restrictions on competition that exceed reasonable timeframes, scope, and geographic boundaries. Non-compete clauses should be justified and limited.
• Prohibition of using publicly known information. NDAs cannot prohibit the use of information that is publicly known or becomes publicly accessible without violating the agreement.
• Unrealistic confidentiality obligations. Obligations to maintain confidentiality must be realistic and practical, rather than overly broad or unjustified.
• Violation of public policy. Some terms in this document may be deemed invalid if they contradict public policy or the law.

Components of NDA Development Costs

The development of an NDA is a paid service, the cost of which depends on various factors:

• The complexity and volume of the document;
• The specificity of requirements;
• Development timelines: if an accelerated agreement is needed or additional requirements are necessary, this can also impact the cost;
• Client specifications and requirements, etc.

Our Advantages

One of the key advantages of the Dextra Law legal company is its specialization in information technology and other aspects of legal support in the IT sector. This allows us to effectively consider the unique requirements and challenges in this field when developing NDA agreements.

Other advantages of working with us include:

• Individual approach;
• Reliable protection of clients’ interests;
• Speed and efficiency;
• Continuous support and consultations;
• Competitive and affordable prices for professional legal services.

So, if you are looking for professional legal support in the development and execution of NDA agreements, don’t hesitate to contact the experts at Dextra Law today.