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Unilateral Confidentiality Agreement

Unilateral Confidentiality Agreement Template for United States

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Key Requirements PROMPT example:

Unilateral Confidentiality Agreement

"Need a Unilateral Confidentiality Agreement for sharing our proprietary software development methodology with a potential manufacturing partner in California, to be effective from March 2025, with special emphasis on protecting our AI algorithms and source code."

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Document background
The Unilateral Confidentiality Agreement is essential when one party needs to share sensitive business, technical, or proprietary information with another party while maintaining control over its use and disclosure. This document is commonly used in business negotiations, potential partnerships, vendor relationships, and employment situations across the United States. It incorporates protections under federal legislation such as the Defend Trade Secrets Act and state-specific trade secret laws, providing the disclosing party with legal remedies in case of unauthorized disclosure or misuse.
Suggested Sections

1. Parties: Identifies the disclosing party and receiving party with full legal names and addresses

2. Background/Recitals: Explains the context and purpose of the agreement and the relationship between parties

3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Permitted Purpose'

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

5. Permitted Uses: Specifies allowed uses of the confidential information

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

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

8. Governing Law: Specifies applicable jurisdiction and law

Optional Sections

1. Whistleblower Immunity Notice: Required under DTSA if agreement covers employees or contractors

2. Security Requirements: Specific security measures required for protecting information when handling sensitive technical or digital data

3. Export Control: Provisions regarding international transfer restrictions for export-controlled information

4. Non-Solicitation: Restrictions on soliciting employees or customers when protecting business relationships is critical

Suggested Schedules

1. Schedule of Confidential Information: Detailed list of specific confidential information covered by the agreement

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

3. Security Protocols: Detailed security procedures and requirements for handling sensitive information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Clauses























Industries

Defend Trade Secrets Act (DTSA) 2016: Federal law providing national protection for trade secrets, including whistleblower immunity notice requirements and federal jurisdiction for trade secret disputes

Economic Espionage Act 1996: Federal criminal law addressing trade secret theft with specific provisions for international cases and criminal penalties

Uniform Trade Secrets Act (UTSA): State-level model law adopted by most states defining trade secrets and establishing remedies for misappropriation, with state-specific variations

State Contract Laws: State-specific requirements governing contract formation, enforcement, consideration, and statute of limitations

Employment Law Considerations: State and federal laws affecting employee rights, non-compete restrictions, and independent contractor classifications

Securities Laws: Federal and state regulations that may apply when confidential information involves securities or financial instruments

Industry-Specific Regulations: Sector-specific laws such as HIPAA for healthcare, affecting how confidential information must be handled in particular industries

State Duration Requirements: State-specific rules governing acceptable duration of confidentiality obligations and temporal restrictions

Geographic Scope Requirements: State-specific limitations on geographic scope of confidentiality and non-compete provisions

Consideration Requirements: State-specific rules regarding what constitutes valid consideration for confidentiality agreements

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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