The language included in an NDA must be followed to the letter of such agreement, so when finalizing the agreement, the parties should understand and keep in mind that:

• having an NDA is not sufficient to protect your information if the NDA has holes in it;

• the NDA should include language and provisions specific to the specific, unique disclosure;

• they should never blindly sign an NDA, but make sure all provisions are understood, agreed upon, and that any assumed responsibility can actually be kept; and

• the NDA obligations may last past the term of the agreement, so it is important to have procedures in place to ensure future compliance with the obligations.

Read about the important points to include in NDAs.