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Mutual NDA or Non-Disclosure Agreement

What is a mutual NDA or Non-Disclosure Agreement?

A mutual NDA is a non-disclosure agreement that is signed between two or more parties who share confidential information between them and they agree not to disclose it to third parties without the prior consent of all parties.

When to use this contract?

Some of the most common situations in which to use a mutual NDA are:

  1. When presenting a business idea or innovative product to a potential investor or partner.
  2. When sharing financial information or strategies with employees or partners.
  3. When showing a new product to potential buyers or investors.
  4. When making confidential information available to employees.
  5. When collaborating on a research and development project with other companies.

When not to use this contract?

If what you want is to sign a confidentiality agreement where only one of them (the revealing party) shares confidential information with the other (the receiving party), at LexDoka we have a unilateral NDA.

Essential content

  • Identification of the parties involved in the transaction or commercial collaboration.
  • Definition of the confidential information
  • Duration
  • Consequences of violation of the agreement
  • Exceptions where confidential information may be disclosed without prior consent
  • Consequences for non-compliance
  • Applicable law

Optional content

  • Fine in the case of breach of confidentiality obligation

Applicable law

In general, the norms of the Civil Code are applicable and, particularly, those related to the autonomy of the will (article 1255) and the validity of contracts (articles 1261 to 1277).

In addition, the obligation of confidentiality and secrecy during access to information in certain contexts is regulated in the following regulations:

Related concepts

How much does it cost to make this contract with LexDoka?

LexDoka has an automated contractual model that allows you to create this contract, negotiate it and sign it, minimizing the time invested in the entire process. This automated model is free within all LexDoka subscription plans. If you want to try it, you can register for free to generate your first contract.

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