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some businesses have learned the hard way that trade secrets and certain processes need to be protected which is why ndas or non-disclosure agreements are so prevalent in today's workforce in this video we're going to go over a few important things to know about ndas including types of ndas the parties involved when to use an nda and things that can invalidate an nda first let's explain non-disclosure agreements what is an nda some healthy competition doesn't hurt and oftentimes it drives individuals and businesses to pass new boundaries but what if a chatty employee told a direct competitor a few of your secrets that you've worked for years to create such as the schematics of the innovative product you were set to launch and what if they let a version of theirs loose before you ever had the chance to make your announcement enter ndas a non-disclosure agreement is a legally binding contract that forbids someone like that chatty employee from sharing information considered to be confidential this may include information like finances product development and launches marketing plans new business ideas or technology future mergers client information and manufacturing processes this is a small sample of information that when obtained by the public or competitors could damage a company non-disclosure agreements are also referred to as confidentiality agreements confidentiality statements confidentiality disclosure agreements proprietary information agreements and secrecy agreements if you are asked to sign any of these they're essentially the same thing as an nda the two types of ndas there are two kinds of ndas used unilateral and mutual unilateral ndas are the most common and normally involved information that is shared with contractors or employees they are one-way agreements which means that one person is responsible for keeping information private mutual ndas are less common and involve two people that may come together with a business idea and both need to share sensitive information with each other mutual ndas are also called bilateral or reciprocal ndas and both parties agree to protect each other's information who is involved in an nda in an nda there are two parties involved the disclosing party which is the individual or entity sharing the information and the receiving party which is the individual receiving the confidential information in a mutual nda each party may be both the disclosing and receiving party when to use an nda there are many reasons for using an nda but here are some of the more common instances for use when working with subcontractors that may need temporary access to sensitive information presenting a new business idea investors or partners disclosing finances and operations with an individual or company that intends to buy your business presenting a new product to a potential buyer allowing employees to access sensitive and proprietary information necessary to fulfill their duties and outsourcing to web developers but not every nda is cut and dry there are still things that can invalidate an nda let's cover them now what may invalidate an nda disclosures made prior to the nda if confidential information was disclosed to the receiving party prior to entering into the agreement the nda may not retroactively enforce prior discussions if a specific clause was written in it that covered this then information disclosed before signing may be protected foreign jurisdictions an nda may not be enforceable if the person signing lives in a different country broadness if an nda does not explicitly specify the information that must be kept private it could be considered to be too broad and therefore unenforceable improper execution if the nda is missing key information such as legal name of the business or more importantly the signature of the receiving party the nda could be worthless were e-forms the biggest database of legal documents access official templates for ndas at the link below and don't forget to hit that subscribe button for more videos weekly