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Mutual NDA

Mutual NDA Template for United States

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Key Requirements PROMPT example:

Mutual NDA

"I need a Mutual NDA to protect confidential information while discussing a potential software development partnership with a tech startup in California, with specific provisions for source code protection and a two-year duration starting March 2025."

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Document background
The Mutual NDA is essential when parties need to share sensitive information during business discussions, negotiations, or collaborative projects. This document type is commonly used in the United States when exploring potential business relationships, conducting due diligence, or engaging in joint ventures. The Mutual NDA provides equal protection to all parties, defining what constitutes confidential information, establishing handling requirements, and specifying duration of confidentiality obligations. It's particularly important given the varied protection offered by different state jurisdictions and federal trade secret laws.
Suggested Sections

1. Parties: Identification of all parties entering into the NDA

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including definition of Confidential Information

4. Confidential Information: Detailed scope and nature of information protected under the agreement

5. Obligations of Confidentiality: Core mutual duties regarding protection and non-disclosure of confidential information

6. Permitted Use: Authorized uses of the confidential information by receiving parties

7. Term and Termination: Duration of the agreement and conditions for termination

8. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination

9. General Provisions: Standard contractual provisions including notices, amendments, and severability

Optional Sections

1. Permitted Disclosures: Specific exceptions to confidentiality obligations, such as legal requirements or authorized third parties

2. Security Measures: Specific security protocols required for handling confidential information

3. Non-Solicitation: Restrictions on soliciting employees or customers of the other party

4. Remedies: Specific remedies available in case of breach, including injunctive relief

5. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration requirements

Suggested Schedules

1. Schedule A - Description of Confidential Information: Detailed categorization of specific confidential information covered by the agreement

2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule C - Security Protocols: Detailed security procedures and requirements for handling confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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 enacted in 2016 that provides uniform federal protection for trade secrets and allows companies to file civil lawsuits in federal court for trade secret misappropriation

Economic Espionage Act: Federal law from 1996 that criminalizes trade secret theft, particularly focusing on foreign economic espionage and trade secret theft intended to benefit foreign powers

Uniform Trade Secrets Act (UTSA): Model law adopted by 48 states that provides consistent state-level protection for trade secrets and defines trade secret misappropriation

State Contract Laws: State-specific laws governing contract formation, enforcement, consideration requirements, and validity of contractual agreements

Patent Act: Federal law governing patents and their protection, relevant for ensuring NDAs don't conflict with patent rights and disclosures

Copyright Act: Federal law protecting original works of authorship, important for NDAs covering copyrightable materials

HIPAA: Healthcare privacy law that may affect NDAs involving medical information or healthcare providers

Gramm-Leach-Bliley Act: Financial services privacy law that impacts NDAs involving financial institutions and their customer information

First Amendment Considerations: Constitutional protections for free speech that may limit the scope and enforceability of NDAs

Whistleblower Protection Laws: Federal and state laws that protect individuals who report violations of law, which may override NDA obligations

State Employment Laws: State-specific regulations governing employment relationships and restrictions on employee non-disclosure agreements

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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Bilateral NDA

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