What is an NDA?

An NDA (non-disclosure agreement) is a contract in which someone promises to keep information secret and use it only for an agreed purpose.

NDA meaning, in one paragraph

When you need to show someone something valuable before you can trust them (a prototype, your financials, a customer list), an NDA turns that trust into a legal promise. The recipient agrees not to disclose the information and not to use it except for the stated purpose. If they break the promise, you can go to court for an order to stop them and for damages.

The parts every NDA has

  1. Parties: who is sharing and who is receiving.
  2. Purpose: why the information is being shared.
  3. Definition of confidential information.
  4. Exclusions: what isn’t confidential even if shared.
  5. Obligations: how the recipient must treat it.
  6. Term: how long the duty lasts.
  7. Remedies and general terms: injunctions, governing law, signatures.

Try it: is it covered?

The definition and the exclusions decide almost every NDA dispute. Work through these seven situations.

Interactive quiz loads in your browser.

Types of NDA

  • Unilateral (one-way): one discloser, one recipient. Template.
  • Mutual (bilateral): both sides share and both are bound. Template.
  • Employee and contractor NDAs add worker-specific protections such as the DTSA notice. Employee · contractor.
  • Investor and interview NDAs handle due diligence and hiring. Investor · interview.

What an NDA is not

It isn’t a non-compete, it doesn’t give you a patent, and it can’t override laws that protect whistleblowers and harassment survivors. See NDA vs non-compete and what an NDA can’t stop.

Sorting those seven cases by hand teaches more than any definition; ahaboo uses the same poke-at-it approach for things like why the Moon appears to change shape over a month.

Do you need one?

If losing control of the information would cost you real money or advantage, yes. If it’s something you’d happily put on your website, an NDA adds friction without protection. The how-to guide walks through deciding.

A template, not legal advice. NDAForge generates standard-form documents from your answers. It is not a law firm and doesn’t review your situation. Laws differ by state and country; for high-value deals, employment matters or anything unusual, have a licensed attorney review the agreement before anyone signs.

Frequently asked questions

What does NDA stand for?

Non-disclosure agreement. It is also called a confidentiality agreement or confidential disclosure agreement (CDA).

What happens if you break an NDA?

The other party can sue for breach of contract. Typical remedies are an injunction (a court order to stop using or disclosing the information) and money damages for the harm caused. If the information is a trade secret, trade secret law, such as the federal Defend Trade Secrets Act, may provide additional remedies.

Are NDAs legal?

Yes. NDAs are ordinary, lawful contracts. What the law limits is certain uses, such as silencing reports to regulators or pre-dispute gagging of sexual harassment claims.

Who signs an NDA?

Whoever receives the confidential information, and in a mutual NDA both parties. For a company, an authorized officer signs on its behalf.