Contract review guide

Non-Disclosure Agreement review: what to check before you sign

NDAs look harmless because they are short — but a bad one can silence you for years or claim ownership of ideas you brought to the table. Most NDA risk hides in the definition of confidential information and the survival period.

Typical signers: freelancers, consultants, and founders in early partnership or investor talks.

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The 5 most common NDA red flags

1. Overbroad definition of confidential information

If 'everything disclosed' counts as confidential, you can be blamed for using general industry knowledge later.

2. Indefinite or excessive term

Confidentiality that survives forever is rarely reasonable outside trade secrets. 2-3 years is the common standard.

3. One-way (unilateral) obligations

You are bound, they are not. Fine when only they disclose — dangerous when the exchange is mutual.

4. IP assignment hidden inside an NDA

An NDA should protect secrets, not transfer ownership of ideas, feedback, or work product.

5. Non-compete disguised as confidentiality

Clauses that stop you from working with 'similar companies' go far beyond protecting information.

Pre-signing checklist

Frequently asked questions

How long should an NDA last?

Two to three years is standard for business information. Indefinite terms are usually only justified for true trade secrets, like formulas or source code.

Should I sign a one-way NDA?

Only if the information genuinely flows one way. If you will also share sensitive material — your process, pricing, or ideas — ask for a mutual NDA.

Can an NDA stop me from working with competitors?

It should not. That is a non-compete, a different (and often unenforceable) instrument. Flag any NDA that restricts who you can work for.

Review other contract types

This guide is general information, not legal advice. Laws differ per jurisdiction — for high-stakes contracts, consult a qualified lawyer.

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