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NDA & confidentiality agreements

Explain what information is to be shared and why a confidentiality agreement is proposed.

Availability and the responsible advocate are confirmed before professional engagement.

Questions to discuss

  • Who will disclose and receive information?
  • What use, access and disclosure is intended?
  • What duration and exclusions need discussion?

Documents to prepare

  • Existing draft
  • Description of the business relationship
  • Proposed information-sharing terms

How the discussion may proceed

1

Describe the purpose without disclosing secrets.

2

Confirm the review or drafting scope.

3

Discuss the agreed obligations before execution.

Scope and fees

Agree what is included, the professional fee, applicable taxes and approved expenses before work begins. Review, drafting, dispatch, filing and representation are separate tasks unless the engagement expressly includes them.

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