Mutual Vs Unilateral Nda: What’s The Difference?

Tuesday, April 11th 2023. | Sample Templates
NonDisclosure Agreement Template Unilateral and Mutual NDA
NonDisclosure Agreement Template Unilateral and Mutual NDA from www.vertex42.com

When it comes to non-disclosure agreements (NDAs), there are two main types – the mutual and the unilateral NDA. But what’s the difference between them? In this article, we’ll discuss the differences between a mutual vs unilateral NDA and help you decide which type is best for your circumstances.

What is a Mutual NDA?

A mutual (sometimes referred to as a “two-way”) NDA is an agreement between two or more parties that prohibits them from disclosing any confidential information that is shared between them. Each party is bound to keep the information confidential and not use it for their own benefit. This type of agreement is common when two or more parties are entering into a business relationship and want to protect the information they are sharing with each other.

What is a Unilateral NDA?

A unilateral (also known as a “one-way”) NDA is an agreement between one party and another where the disclosing party agrees to keep the information confidential and not share it with anyone else. The receiving party agrees to keep the information confidential and use it only for the purpose specified in the agreement. This type of agreement is typically used when one party has information they want to protect, such as a trade secret or intellectual property, and they want to ensure that the other party does not disclose it.

Differences Between Mutual vs Unilateral NDA

The main difference between a mutual and a unilateral NDA is the scope of the agreement. A mutual NDA binds both parties to keep the information confidential, whereas a unilateral NDA only binds the disclosing party to keep the information confidential. This means that with a unilateral NDA, the receiving party is not bound to keep the information confidential and can share it with others.

Which Type of NDA Should You Use?

The type of NDA you should use depends on your specific circumstances. If you are entering into a business relationship where both parties want to protect their confidential information, then a mutual NDA is the best option. If you are sharing confidential information with another party and you want to ensure that they do not disclose it, then a unilateral NDA is the best option.

Conclusion

A mutual NDA is an agreement between two or more parties that prohibits them from disclosing any confidential information that is shared between them. A unilateral NDA is an agreement between one party and another where the disclosing party agrees to keep the information confidential and not share it with anyone else. The type of NDA you should use depends on your specific circumstances, so it’s important to consider all of your options before signing any agreement.

Sample 1: Mutual NDA for Business Partners

This Mutual NDA Agreement (“Agreement”) is made and entered into by and between [Party A] and [Party B], both of whom are business partners. The parties agree to keep any confidential information shared between them confidential, and not to use it for their own benefit.

Sample 2: Unilateral NDA for Trade Secrets

This Unilateral NDA Agreement (“Agreement”) is made and entered into by and between [Party A] and [Party B], both of whom are business partners. Party A agrees to keep any confidential information shared with Party B confidential, and not to share it with anyone else. Party B agrees to keep the information confidential and to use it only for the purpose specified in the agreement.

Sample 3: Mutual NDA for Employees

This Mutual NDA Agreement (“Agreement”) is made and entered into by and between [Party A] and [Party B], both of whom are employees of a company. The parties agree to keep any confidential information shared between them confidential, and not to use it for their own benefit.

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