When drafting a mutual NDA, both parties should carefully define what constitutes confidential information, ensuring balanced protection and avoiding overly broad definitions that could limit normal business activities.
Specify each party’s obligations, including restrictions on disclosure, permitted uses, and requirements for returning or destroying information, to maintain fairness and clarity on both sides.
Establish a reasonable duration for confidentiality obligations, outline exceptions for public or independently developed information, and seek legal review to ensure the agreement is enforceable across jurisdictions.