The Confidentiality and Non-Disclosure Agreement (CDA) is essential when parties need to share sensitive information while maintaining its confidentiality. This document is commonly used in business negotiations, employment relationships, and commercial transactions where proprietary information needs protection. Under U.S. jurisdiction, the agreement provides legal remedies under both federal and state laws, including the Defend Trade Secrets Act. The CDA typically covers definition of confidential information, scope of confidentiality obligations, permitted uses, duration, and return or destruction of confidential materials.
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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, Trade Secrets, etc.
4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure
5. Permitted Uses: Allowed uses of confidential information
6. Term and Termination: Duration of obligations and termination provisions
7. Return of Information: Requirements for returning or destroying confidential information
1. Whistleblower Protection: Required for employee NDAs under DTSA - include when agreement involves employees
2. Non-Solicitation: Restrictions on soliciting employees or customers - include when protecting business relationships
3. Data Privacy: Specific provisions for handling personal data - include when confidential information includes personal data
4. Export Control: Compliance with export control laws - include when information may be subject to export restrictions
1. Description of Confidential Information: Detailed list or categories of protected information
2. Authorized Representatives: List of individuals authorized to receive confidential information
3. Security Procedures: Specific security measures required for information protection
Relevant legal definitions
Affiliate
Agreement
Authorized Representatives
Confidential Information
Disclosing Party
Effective Date
Intellectual Property Rights
Party/Parties
Permitted Purpose
Receiving Party
Representatives
Subsidiary
Term
Trade Secrets
Proprietary Information
Residual Information
Third Party
Personal Data
Derivative Information
Material
Disclosures
Business Purpose
Evaluation Period
Confidentiality Period
Agreement
Authorized Representatives
Confidential Information
Disclosing Party
Effective Date
Intellectual Property Rights
Party/Parties
Permitted Purpose
Receiving Party
Representatives
Subsidiary
Term
Trade Secrets
Proprietary Information
Residual Information
Third Party
Personal Data
Derivative Information
Material
Disclosures
Business Purpose
Evaluation Period
Confidentiality Period
Clauses
Confidentiality Obligations
Permitted Use
Non-Disclosure
Term and Duration
Return of Information
Data Protection
Intellectual Property Rights
Non-Solicitation
Non-Circumvention
Remedies
Indemnification
Governing Law
Jurisdiction
Assignment
Severability
Entire Agreement
Amendment
Notices
Survival
Force Majeure
Third Party Rights
Waiver
Counterparts
Representation and Warranties
Dispute Resolution
Permitted Use
Non-Disclosure
Term and Duration
Return of Information
Data Protection
Intellectual Property Rights
Non-Solicitation
Non-Circumvention
Remedies
Indemnification
Governing Law
Jurisdiction
Assignment
Severability
Entire Agreement
Amendment
Notices
Survival
Force Majeure
Third Party Rights
Waiver
Counterparts
Representation and Warranties
Dispute Resolution
Relevant Industries
Relevant Teams
Relevant Roles
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