There are certain types of information that you would never want to fall into the hands of the wrong people. This could be important documents, business strategies, intellectual property, employment matters, client lists, etc. which, if leaked, could result in major damage to your company. That’s why it’s important to ensure your confidential information is protected by a well-drafted confidentiality agreement template.
This non-disclosure agreement, also known as a confidentiality contract, will only be appropriate if one party will be sharing confidential information and not both parties. If confidential information is being shared by both parties, you should use a mutual confidentiality contract. For more information about mutual confidentiality contracts, check out these FAQs.
This one-way confidentiality agreement template was created and is maintained by qualified lawyers in compliance with Scots law.
What is a one-way confidentiality agreement?
A one-way confidentiality agreement is a contract that legally requires a party to keep the other party’s confidential information strictly confidential. With a one-way confidentiality contract template, there will only be one party disclosing confidential information to the other. On the other hand, a mutual confidentiality contract template places obligations on both parties where they will both be sharing confidential information.
The party receiving confidential information will be bound by confidentiality obligations for a certain period (or forever) as set out in the confidentiality contract. This means that they can't share the confidential information with anyone else unless the contract says that’s allowed.
Check out this comprehensive guide to equip you with more information when it comes to creating your own one-way confidentiality contract template.
When is a one-way confidentiality agreement commonly used?
As mentioned above, this type of confidentiality contract template is necessary only when one party is disclosing sensitive information.
Examples of situations requiring a one-way confidentiality contract include:
- Hiring a new employee, where the employer shares confidential information but the employee does not.
- Engaging a consultant for a project.
- Pitching an idea to an investor.
What are the benefits of using Docue's one-way confidentiality contract template?
Safeguard top secret information: After the confidentiality contract has been signed, this gives the party sharing its confidential information the freedom to discuss without the fear of the receiving party stealing the confidential information and using it without approval. If the information were to be leaked, the confidentiality contract offers contractual rights for the innocent party and other legal remedies that are available.
Clarity of the types of information that should be kept confidential: This confidentiality contract template sets out the definition of confidential information, and this also includes what shouldn’t be considered as confidential information. E.g. if information can be found on Wikipedia, this can’t be considered to be confidential information purely because a confidentiality agreement has been signed.
Control over how a party can use the information: When you divulge your confidential information, a one-way confidentiality contract will place obligations on the receiving party to ensure it is kept a secret. However, you may also want to set out other conditions or restrictions in the agreement. For example, you may prefer that the receiving party didn’t make any copies of your confidential information as this could increase the risk of accidental leaks. If that's the case, Docue’s confidentiality contract templates contain conditions that can be selected to restrict the receiving party from doing this.
If you are still unsure which type of non disclosure agreement template is right for you, read this guide which dives into the differences between one-way and mutual confidentiality contracts.
What are the key topics that are included in Docue's one-way confidentiality agreement template?
- Purpose: it's important to set out why the confidential information is being disclosed.
- Duration: how long will the receiving party have to keep the confidential information secret?
- Permitted disclosure: who can the receiving party share the confidential information with (i.e employees, group companies, etc.).
- Mandatory disclosure: if the receiving party legally has to disclose the confidential information to a court or government body, the confidentiality contract will ensure this doesn't amount to a breach of contract.
- Returning/destroying confidential information: at the end of the agreement, or if requested by the disclosing party, the confidentiality contract sets out a process for the recipient to destroy or return the confidential information.
This template also includes optional exclusivity terms, non-compete provisions and terms that restrict either party from poaching the other party's employees. For a more in-depth guide into the essential clauses that should be included in a non disclosure agreement template, check out this blog.
Why Docue?
Lawyer-quality templates: At Docue, we’re committed to continuously improving our extensive bank of customisable templates. Our qualified in-house lawyers constantly maintain each legal document in Docue’s template bank to ensure they are compliant with up-to-date legislation.
Easy to use: Our platform simplifies legal services for non-legal folk. Answer each question and Docue will automatically build your one-way confidentiality contract template according to your answers in real-time. The template includes guidance prepared by our lawyers that supports you through the drafting process.
Organised: Signatures can be collected electronically. Once finalised, you can safely store and access all of your confidentiality contracts electronically in Docue Drive.
Affordable: Our pricing is clear and cost-effective, we don’t believe in hidden costs buried in the fine print.
Tags: confidentiality contract template, unilateral confidentiality contract, one-way confidentiality contract