Andrew Flusche, Fredericksburg Lawyer

It’s important to protect your business. But do you always need a non-disclosure agreement to do that? No.

If you are going to share confidential information with someone, you need to ensure that they do not disclose it to anyone. But you should first ensure two things: 1.) you are going to share confidential information, and 2.) nothing else ensures confidentiality.

What is confidentiality?

Not all information is confidential. Thus, not everything needs to be protected by a confidentiality agreement.

Anything you share with the public isn’t confidential. But information such as financial data, customer lists, and business plans needs to be protected.

Other confidential protections

You never have to worry about your doctor sharing your medical information with anyone. That’s because he is bound by doctor-patient confidentiality. You don’t need to ask your doctor to sign a non disclosure agreement (NDA).

The same thing applies to lawyers. Your attorney is bound by attorney-client confidentiality. He cannot share anything that you reveal to him during the course of providing legal services to you. No need for a NDA.

Are you really going to disclose?

Even if your situation requires a nondisclosure agreement, think twice before asking someone to sign one. Are you truly going to disclose information to this person?

I’ve been asked to sign non disclosure agreements, only for the client to then decide not to hire me before actually disclosing anything confidential. That doesn’t make you look like a well thought-out business person.

Get a custom non disclosure agreement

If you end up needing a NDA, you should make sure it truly protects your business. There are many stock non-disclosure agreements floating around the internet, but they will not be tailored to your situation.

There is simply no substitute for hiring a business attorney to assist with your contract drafting needs. Your business is unique, and you need custom help.

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