NDA Drafting. Done right.

One-way (or unilateral) NDAs protect information disclosed by one party to another - typical for sharing sensitive data with a contractor, supplier, or potential investor. Mutual NDAs protect both sides and are standard for genuine commercial negotiations where each party will share confidential information. Sending a mutual NDA to a one-way situation looks naive; sending a one-way when both parties share information is unenforceable in practice.

Standard term is 3-5 years from disclosure, but genuine trade secrets (formulas, source code, customer pricing models) can and should be protected indefinitely. Generic 'forever' NDAs are often struck down by UK courts as unreasonable; tightly defined perpetual protection on specifically identified trade secrets holds. We draft both tiers in the same document where it fits the situation.

Remedies include injunctive relief (court order stopping further use or disclosure), damages, and account of profits where the breaching party has made money from the information. The NDA needs to specify governing law, jurisdiction, and dispute resolution mechanism for any of this to be straightforward. Generic templates often omit the enforcement clauses that make the rest of the document worth the paper it is printed on.

Only if it is drafted to. Cross-border NDAs need an explicit governing law clause, a chosen jurisdiction for disputes, and language tested against the destination legal system. We draft NDAs that hold up in UK courts and remain enforceable against US and EU counterparties through proper choice-of-law and arbitration provisions.

Standard NDAs are delivered within 48 hours of brief. Bespoke industry-specific agreements (healthcare data, financial services, deep tech) take a week. Premium Plus clients get unlimited standard NDAs as part of the monthly plan; bespoke work is quoted per matter.