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Unilateral vs. Mutual Nondisclosure Agreements

A Nondisclosure Agreement can be Unilateral or Mutual. In a Unilateral Nondisclosure Agreement, only one party is disclosing confidential information to another party. For example, one company might be requesting bids for work on a project. The company soliciting work would have confidential information shared in the specifications for the project, but the companies submitting bids might only be sharing information that is publicly available, such as their published rates and experience.

In a Mutual Nondisclosure Agreement, both parties are sharing confidential information they want to protect. For example, two companies might be considering a joint venture. Each company would have to disclose information about their organization and prior planning to assess whether or not they should work together.

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Laws on this topic may vary from state to state. This content is not meant to provide you with complete information and it is not intended to be legal or tax advice. It is recommended that you consult with your own attorney, accountant or other advisor regarding your specific situation.