Mercantile - Confidentiality Agreements
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It is essential to protect specific knowledge before the possibility of a business losing its unique proposition in the market or suffering other harm or disadvantage. An NDA could give protection where one party may need to disclose confidential information, which would give the other party an unfair advantage if they disclosed it to a third party or otherwise used it for other purposes

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Mercantile What is an NDA

What is an NDA?

What is an NDA?

A non-disclosure agreement (“NDA”) is a contract between two or more parties that outlines confidential material, knowledge, or information that must remain between the parties only.

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Some employers may require certain employees to sign an NDA before they start work or during their employment from time to time. Similarly, a non-compete agreement will prevent the receiving party from unfairly competing with the disclosing party due to the material, knowledge or information the party has acquired due to the disclosure.

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Mercantile - Confidentiality Agreements
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Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient, and affordable professional services. All clients conduct their affairs within a legal context, and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.

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Frequently Asked Questions

Are confidentiality agreements enforceable in the UK?

If a breach of contract has been made in the public’s best interest, this cannot be prevented or a break in a contract enforced.

However, other breaches in the contract are enforceable under UK law.

Confidentiality Agreement Vs. NDA

A significant difference between the two is whom they are speaking to. Typically, confidentiality agreements are between and business and an employee, whereas NDA’s are usually used when dealing with an external third party.

Is a confidentiality agreement a legal document?

Yes, they are a legal agreement that binds a party to ensure they do not share, leak, or disclose any confidential information highlighted in the agreement.

An NDA is a more particular type of confidentiality agreement which can include external third parties.

What should be included in the NDA?

This will vary depending on the nature of your business and the information you wish to protect.

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