A non-disclosure agreement (NDA) obliges the parties not to disclose confidential information to third parties and to use it only for the agreed purpose. A CDA (confidential disclosure agreement) is, in practice, the same instrument.
One-way or mutual. One-way when only one party discloses, such as the buyer in a tender; mutual when both sides do.
Core clauses. Definition of confidential information, exclusions, permitted purpose, duration, return or deletion.
In tenders. Agreed before detailed documents are shared; the purpose is limited to preparing a proposal, and unsuccessful bidders return or delete the documents.
Distinction. A data processing agreement covers personal data under the GDPR; an NDA covers trade secrets.
Synonyms: Non-Disclosure Agreement, CDA, Confidential Disclosure Agreement, Confidentiality Agreement
