A well-drafted NDA is specific and balanced. The drafting questions are: what information is being protected, who is disclosing it to whom (one-way or mutual), what uses are permitted, how long the obligations last, and what happens on breach.
What separates a working NDA from a templated one
Beyond those structural points, the choice between a one-page NDA and a fuller commercial-style document depends on what the disclosure is for: a preliminary conversation needs less than a detailed technical disclosure for a JV evaluation.
Good NDAs are written for the transaction, not as off-the-shelf templates. The tell-tale sign of a templated NDA is definitions that catch information that is plainly not confidential. And obligations that, as a result, no party would intend to perform.
Suitable before sharing sensitive business information with potential investors, partners, employees, or counterparties.
Example: a typical scope and fixed fee
For a one-way or mutual NDA, the typical scope looks like this.
What's included
- A consultation to understand the context and what information needs protecting
- Drafting of a one-way or mutual NDA covering definition of confidential information, permitted use, exceptions, duration, and remedies
- One round of revisions based on your feedback
- Final version ready to use
What's outside this scope
- Negotiation with the other party beyond the scope described above
- Tax advice
Fixed fee: £350, no VAT.
How I will approach your matter
Once you have instructed me, I will arrange a consultation to understand the context and what information needs protecting before drafting. The NDA will be specific to the disclosure rather than a generic template.
Common questions
One-way or mutual. Which do I need?
A one-way NDA protects only your information. A mutual NDA protects both parties' information. If both sides will be sharing sensitive information (e.g. in a potential joint venture or partnership), a mutual NDA is appropriate.