Securing Your Business Secrets: 5 Steps to Take Before Signing an NDA

As a business owner, you may be asked to share confidential information with third parties. To protect yourself and your business’s trade secrets, a nondisclosure agreement (NDA) is often used. Before signing an NDA, you and your business lawyer should take these five steps to safeguard your interests while allowing you to maintain business operations and opportunities:

5 Steps

  1. Read the agreement thoroughly to understand its terms and conditions. The NDA should define confidential information and when it can be disclosed. Ensure the agreement doesn’t limit your business operations.
  2. Consider the NDA’s Scope. The NDA should protect only specific information and not extend to all information or parties. Confirm the NDA’s duration is reasonable.
  3. Evaluate the NDA’s Enforceability. The contract must be legally binding, clear, unambiguous, and follow applicable laws.
  4. Identify Any Exceptions or Limitations. NDAs typically contain exceptions allowing for disclosure of confidential information under certain circumstances. Ensure that any exceptions are reasonable and don’t conflict with your business operations.
  5. An ounce of prevention is¬†worth a pound of cure.” Finally, consult with an experienced NDA Lawyer who can review the NDA, identify issues, and advise on negotiation or modifications.


NDAs are vital for protecting confidential information while still allowing parties to explore opportunities including whether to buy or sell a business. By following these five steps, you can ensure the protection of your confidential information without limiting your business operations.

If you need assistance with drafting, negotiating, or reviewing contracts, including NDAs, engage a reputable New York or New Jersey business lawyer immediately. Russo Law LLC is experienced in handling a wide range of business law matters and business transactions, including NDAs, for businesses of all sizes including small businesses and can help you protect your interests and achieve your business objectives.


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