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Technology Non Disclosure Agreement

Technology Non Disclosure Agreement Template for United States

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Key Requirements PROMPT example:

Technology Non Disclosure Agreement

"I need a Technology Non Disclosure Agreement to protect our AI algorithm development process when sharing it with potential investors, with particularly strong clauses around source code protection and data security requirements."

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Document background
The Technology Non-Disclosure Agreement is essential when sharing sensitive technical information, intellectual property, or trade secrets in the United States. It provides legal protection under federal and state laws, including the Defend Trade Secrets Act and Uniform Trade Secrets Act. This document is commonly used during technical collaborations, software development, R&D partnerships, or when engaging contractors for technical projects. It specifically addresses technology-related confidentiality concerns, including source code protection, technical specifications, and development methodologies.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including legal names and addresses

2. Background: Context of the agreement and purpose for sharing confidential information

3. Definitions: Define key terms, especially 'Confidential Information', 'Trade Secrets', and 'Permitted Purpose'

4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information

5. Permitted Uses: Specific circumstances under which the confidential information may be used

6. Term and Termination: Duration of the agreement and termination provisions

7. Return of Information: Requirements for returning or destroying confidential information

Optional Sections

1. Non-Compete Provisions: Restrictions on competitive activities, used when sharing technology that could enable direct competition

2. Assignment Rights: Rights to transfer the agreement to other parties, used when potential M&A or corporate restructuring is anticipated

3. Residual Knowledge: Treatment of information retained in memory, particularly relevant when dealing with individual contractors or consultants

4. Security Requirements: Specific technical or physical security measures required for highly sensitive technical information

Suggested Schedules

1. Description of Technology: Detailed description of the technology being protected

2. Authorized Representatives: List of individuals authorized to receive confidential information

3. Security Protocols: Detailed security measures and procedures

4. Permitted Purpose Details: Detailed scope of permitted use of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Confidential Information
Trade Secrets
Technical Information
Disclosing Party
Receiving Party
Authorized Representatives
Permitted Purpose
Affiliate
Source Code
Technical Documentation
Intellectual Property Rights
Proprietary Information
Technical Specifications
Development Tools
Technical Data
Excluded Information
Representatives
Effective Date
Confidentiality Period
Technical Materials
Security Requirements
Technical Process
Technical Know-How
Residual Information
Business Purpose
Derivative Works
Technical Infrastructure
Compliance Standards
Industries

Defend Trade Secrets Act (DTSA): Federal law enacted in 2016 that provides uniform federal protection for trade secrets and allows companies to file trade secret cases in federal courts

Economic Espionage Act: Federal law from 1996 that criminalizes trade secret theft, particularly focusing on foreign economic espionage

Computer Fraud and Abuse Act (CFAA): Federal law protecting against unauthorized access to computers and networks, relevant for digital confidential information

Electronic Communications Privacy Act (ECPA): Federal law governing the privacy of electronic communications, important for protecting digital confidential information

Uniform Trade Secrets Act (UTSA): Model law adopted by most states that provides framework for trade secret protection at state level

State Contract Laws: State-specific laws governing contract formation, enforcement, and interpretation

Patent Act: Federal law governing patents, relevant when NDAs involve potentially patentable information

Copyright Act: Federal law protecting original works of authorship, relevant for software and technical documentation

Whistleblower Protection Laws: Federal and state laws protecting individuals who report violations of law from retaliation, which may limit NDA scope

Reasonable Scope Requirements: Legal principle requiring NDAs to have reasonable limitations on time, geography, and subject matter

Consideration Doctrine: Contract law requirement that valid agreements must be supported by adequate consideration (exchange of value)

Definition Requirements: Legal requirement for clear and specific definitions of what constitutes confidential information and permitted uses

Public Policy Compliance: Legal requirement that NDAs must not violate public policy regarding competition, employment mobility, and whistleblowing

Remedies and Enforcement Provisions: Legal framework for specifying and enforcing consequences of breach, including injunctive relief and damages

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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Bilateral NDA

Not Found

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