How to send an NDA with DocuSign

Steps to send a nondisclosure agreement or NDA using DocuSign.

*This video is offered for general information purposes. It is not intended as, nor is it a substitute for, legal advice.

What are NDAs used for?
Nondisclosure agreements are used for a variety of purposes including employment agreements, sales, procurement and other functions, ensuring businesses protect their intellectual property and trade secrets from competitors.

When do you need a nondisclosure agreement?
An NDA is generally needed in those cases where an organization may disclose confidential, non-public information to an outside party, such as potential employees, investors, creditors, suppliers or contract workers. The agreement helps to establish trust among all parties, enabling them to share information and pursue business dealings or contracts without concerns about the disclosure of potentially valuable intellectual property.

What a nondisclosure agreement covers
Nondisclosure agreements (also called NDAs or confidentiality agreements) have become increasingly important for businesses of all sizes, serving as the first line of defense in protecting inventions, trade secrets and hard work. These agreements are used when at least one person is sharing confidential information with someone else and protect the immediate and future privacy of that disclosed information. Once signed, a nondisclosure agreement allows for open dialogue between parties, creating an environment in which information can be discussed freely and the true objectives of the meeting or relationship can be achieved (e.g., creating a company or establishing a strategic partnership).

Types of nondisclosure agreements: unilateral and mutual.
Mutual nondisclosure agreements should be used when both parties will be sharing confidential information, as when the parties are considering the creation of a partnership, joint venture, or merger. Unilateral nondisclosure agreements should be used when only one side will be sharing confidential information, as when one party is seeking funding for or investment in a company.

What information should a nondisclosure agreement contain?
The terms and conditions of a nondisclosure agreement may vary widely. Some may extend indefinitely, while others may be limited to a specific time period, like five years. When it comes to NDAs included as part of an employment contract, the agreement may strictly bind the parties to the period during which the individual is employed by the organization or may extend for a set period beyond employment or even indefinitely.

Download a nondisclosure agreement template

DocuSign eSignature customers, DocuSign CLM customers and anyone with a DocuSign trial account can access DocuSign’s extensive Template Library. If you’re not an existing DocuSign customer, learn more about the Template Library in the DocuSign Community.

*This video is offered for general information purposes. It is not intended as, nor is it a substitute for, legal advice.