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Typical NDA

Typical NDA Template for United States

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Key Requirements PROMPT example:

Typical NDA

"I need a Typical NDA to protect confidential information that will be shared with a software development contractor who will be working on our new AI product, starting from March 2025, with special emphasis on source code protection and data security measures."

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Document background
The Typical NDA serves as a fundamental business document in the United States, essential for protecting proprietary information, trade secrets, and confidential business data. It's commonly used before business discussions, during partnership negotiations, or when engaging with employees and contractors. This agreement, governed by both federal and state laws, includes specific provisions for information handling, permitted uses, duration of confidentiality obligations, and consequences of breach. The document typically defines what constitutes confidential information, outlines security measures, and specifies return or destruction requirements for sensitive materials.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties

2. Background: Context and purpose of the NDA

3. Definitions: Key terms including Confidential Information, Trade Secrets, Permitted Purpose

4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure

5. Permitted Use: Allowed uses of confidential information

6. Term and Termination: Duration of agreement and termination provisions

7. Return of Information: Requirements for returning or destroying confidential information

Optional Sections

1. Non-Solicitation: Prevents poaching of employees or clients, typically included when protecting business relationships is crucial

2. Non-Competition: Restricts competitive activities, included when permitted by state law and necessary for business protection

3. Export Control: Compliance with export regulations, required when international parties are involved

Suggested Schedules

1. Description of Confidential Information: Detailed list of specific confidential information covered

2. Authorized Representatives: List of individuals authorized to receive confidential information

3. Security Protocols: Specific security measures required for information protection

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Industries

Federal Trade Secrets Laws: Primary federal legislation including the Defend Trade Secrets Act (DTSA) of 2016 and Economic Espionage Act of 1996, which provide federal protection for trade secrets and remedies for misappropriation

State Trade Secret Laws: State-level protections including the Uniform Trade Secrets Act (UTSA) and state-specific variations that govern trade secret protection at the state level

Employment Laws: Relevant employment regulations including state-specific laws on employee mobility, non-compete restrictions, whistleblower protections, and National Labor Relations Act considerations

Contract Law Fundamentals: Basic contract law requirements including state-specific contract formation rules, consideration requirements, and enforceability standards

Statute of Limitations: Time limitations for bringing legal actions, including state-specific periods for breach of contract claims and federal limitation periods

Industry-Specific Regulations: Sector-specific requirements such as HIPAA for healthcare, financial services regulations, and government contracting requirements

Special Considerations: Additional regulatory requirements including securities laws for public companies, intellectual property laws, and export control regulations for international parties

Remedies and Enforcement: Legal remedies available under state law, requirements for injunctive relief, and methods for calculating damages in case of breach

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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