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Generic Confidentiality Agreement

Generic Confidentiality Agreement Template for United States

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Key Requirements PROMPT example:

Generic Confidentiality Agreement

"I need a Generic Confidentiality Agreement to protect sensitive information being shared with a software development contractor who will be working on our new product launch in March 2025, with specific provisions for source code protection and remote access security."

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Document background
The Generic Confidentiality Agreement serves as a crucial tool for businesses and individuals seeking to protect sensitive information during various business interactions. This agreement type is commonly used before entering into business discussions, partnerships, or employment relationships where proprietary information needs to be shared. Under U.S. federal and state laws, it provides legal remedies if confidential information is misused or disclosed without authorization. The agreement typically covers trade secrets, proprietary information, customer data, and other sensitive business information.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including full legal names and addresses

2. Background/Recitals: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information'

4. Scope of Confidentiality: Details the obligations regarding confidential information and permitted uses

5. Term and Termination: Specifies duration of the agreement and termination provisions

6. Return of Confidential Information: Requirements for returning or destroying confidential information

7. Breach and Remedies: Consequences of breaching the agreement and available remedies

8. Governing Law: Specifies which jurisdiction's laws govern the agreement

Optional Sections

1. Non-Solicitation: Prevents solicitation of employees/customers - used when protecting business relationships is crucial

2. Non-Competition: Restricts competitive activities - used when sharing highly sensitive business information

3. Publicity: Controls public statements about the relationship - used when public disclosure could impact either party

4. Assignment: Rules for transferring agreement rights - used when transfer of rights might be needed

5. Insurance: Insurance requirements - used when handling particularly sensitive information

Suggested Schedules

1. Schedule of Confidential Information: Detailed list of specific confidential information covered

2. Authorized Representatives: List of individuals authorized to receive confidential information

3. Security Protocols: Specific procedures for handling confidential information

4. Excluded Information: List of specific information explicitly excluded from the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Clauses



































Industries

Defend Trade Secrets Act (DTSA): Federal law from 2016 that provides uniform federal protection for trade secrets and includes specific notice requirements for NDAs

Economic Espionage Act: Federal law from 1996 that criminalizes trade secret theft and provides framework for trade secret protection

Uniform Trade Secrets Act (UTSA): Model law adopted by most states that provides framework for trade secret protection and confidentiality enforcement

HIPAA: Federal regulation governing protection of healthcare information, must be considered if NDA involves medical data

Gramm-Leach-Bliley Act: Federal law governing protection of financial information, relevant if NDA involves financial data

GDPR Compliance: European data protection regulation that must be considered if NDA involves European data or entities

National Labor Relations Act: Federal law protecting workers' rights, impacts what can be included in employee NDAs

Whistleblower Protection Laws: Federal and state laws that protect whistleblowers and require specific carve-outs in NDAs

State Contract Laws: Various state-specific laws governing contract formation, enforcement, and interpretation

Statutes of Limitations: State-specific time limits for bringing legal actions related to NDA breaches

Sexual Harassment NDA Restrictions: Recent state laws limiting or prohibiting NDAs in sexual harassment and discrimination cases

Non-Compete Restrictions: State-specific limitations on non-compete provisions that might be included in NDAs

Federal Rules of Evidence: Rules governing how confidential information and trade secrets are handled in federal court proceedings

Definition Requirements: Legal requirements for clearly defining what constitutes confidential information in the agreement

Severability Provisions: Legal principles governing the survival of contract provisions if other parts are found unenforceable

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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