In some cases, a company facing your confidentiality agreement may request the right to exclude information that has been independently developed after disclosure. In other words, the company may wish to amend subsection (b) in “(b) discovered or, regardless of the receiving party, established before or after disclosure by the disclosed party”. Each confidentiality agreement defines its trade secrets, often referred to as “confidential information.” This definition defines the purpose of the disclosure. There are three common approaches to defining confidential information: (1) using a system for identifying all confidential information; (2) list of categories of trade secrets; or (3) explicitly identify confidential information. Read on for examples of general (and necessary) clauses in confidentiality agreements. In the NDA example below, you can see what these clauses can look like in an agreement: You might want to fill out or write your own confidentiality agreement…

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