A Simple Non-Disclosure Agreement serves as a fundamental tool for protecting confidential information in business relationships within the United States. This document is particularly useful in situations where parties need to share sensitive information during business discussions, negotiations, or potential partnerships, but want to ensure legal protection against unauthorized disclosure. The agreement is governed by both federal and state laws, including the Defend Trade Secrets Act and various state trade secret statutes. It typically includes clear definitions of confidential information, specific usage permissions, duration of confidentiality obligations, and consequences of breach. While comprehensive in its protection, this version maintains simplicity and clarity, making it suitable for straightforward business relationships and initial discussions.
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1. Parties: Identification of the disclosing and receiving parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms including 'Confidential Information' and their meanings
4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information
5. Permitted Use: Allowed uses of the confidential information and purposes for which it may be disclosed
6. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
7. Return of Information: Requirements for returning or destroying confidential information upon termination
1. Non-Solicitation: Optional clause to prevent poaching of employees or clients, used when protecting business relationships is critical
2. Non-Competition: Optional clause restricting competitive activities, used when sharing highly sensitive business information
3. Residual Information: Optional clause addressing retained knowledge, typically used when dealing with technical or professional services
1. Description of Confidential Information: Detailed list or categories of information covered by the agreement
2. Authorized Representatives: List of individuals authorized to receive and handle the confidential information
3. Security Protocols: Specific procedures and requirements for handling and protecting confidential information
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