What information should be marked as confidential in an NDA?

Guide to some of the main clauses that should be included in a confidentiality or non disclosure agreement

This is often a matter of debate between the two parties, as the discloser would like the agreement to be more comprehensive than the receiver. However, if the discloser makes too much information confidential there is the danger that the court will not uphold the NDA because of vagueness.

Documents that should always be marked as confidential include:

  • Current business plans
  • Current profit forecasts
  • Ideas for patent applications

There is some information that cannot be treated as confidential:

  • Information that is public knowledge
  • Information the disclosing party has not always treated as confidential
  • Information that is only of minimal use
  • Information that the receivers already have

Start your Non-Disclosure Agreement now

The information on this page applies to England and Wales only.

Related products

Copyright © 2022 Epoq Group Ltd. All trademarks acknowledged, all rights reserved

This website is operated by Epoq Legal Ltd, registered in England and Wales, company number 3707955, whose registered office is at 2 Imperial Place, Maxwell Road, Borehamwood, Hertfordshire, WD6 1JN. Epoq Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 645296).

Our use of cookies

We use necessary cookies to make our site work. We would also like to set some optional cookies. We won't set these optional cookies unless you enable them. Please choose whether this site may use optional cookies by selecting 'On' or 'Off' for each category below. Using this tool will set a cookie on your device to remember your preferences.

For more detailed information about the cookies we use, see our Cookie notice.

Necessary cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.

Performance cookies

We'd like to set cookies to help us to improve our website by collecting and reporting information on how you use it. For more information on these cookies, please see our Cookie notice. The cookies collect information in an anonymous form. Data is only used in aggregate.

Functionality cookies

We'd like to set cookies to provide you with a better customer experience. For more information on these cookies, please see our Cookie notice.