NDA, Confidentiality-Undertaking, Nondisclosure Agreement, Non-Disclosure Document Other names of the document: confidentiality agreement, confidentiality agreement, non-disclosure agreement German The confidentiality agreement is also known as non-disclosure-agreement (NDA), confidentiality agreement, confidentiality statement, confidentiality agreement and confidentiality agreement. A confidentiality agreement, including the declaration of confidentiality, confidentiality agreement, confidentiality agreement, NDA (non-disclosure agreement) or CDA (abk. for engl. confidential disclosure agreement), is a contract that sets a silence on negotiations, the outcome of negotiations or confidential documents. The obligated agrees to keep secret the information he has made available to him. Unlike industrial secrecy, which is enshrined in law, the confidentiality agreement is a contractual freedom. In Germany, confidentiality agreements between the employer and the worker must be limited to direct business interests. In the United States, confidentiality agreements covering all company events are permitted. However, some companies have put an end to such regulations under pressure from the #MeToo movement.  When setting the amount of the contractual penalty, you have to be careful. If the amount is too high, it can have a deterrent or even inappropriate effect on your partners. On the other hand, if it is too weak, it can almost be interpreted as an invitation to steal ideas.
In the case of the unilateral NOA, only one party is required to remain silent. This variant is particularly used in the founding scene. Whether to set a date from which the confidentiality statement will cease to be valid depends heavily on the purpose of the secrecy. Especially in the pre-foundation phase, certain business ideas or trade secrets may be revealed to trade partners, cooperation partners, potential investors or collaborators, for example, before the start of the exchange of information or in the context of contract negotiations. The confidentiality agreement is used to keep confidential information that should not be made public. However, we insist once again that the treaty is a means of legal pressure and not a universal protection. In order to allow the parties to agree on information that should be treated confidentially, it may be agreed in writing that, for example, all information described as “CONFIDENTIAL” or all data transmitted is part of it. Whether it is one or two parties, the confidentiality agreement defines and protects sensitive data and information that should not be made public under any circumstances. If this happens anyway, it is a breach of the contract, which can be punished by a penalty (also listed in the NDA). Many of them are a source of inspiration or help with formulation.