Business negotiations
Two companies are exploring the possibility of collaboration and need to share sensitive information about their operations, customers and business models before any decision is made.
Sverige
Protect trade secrets and sensitive information with a legally sound NDA under Swedish law. Customise the terms and sign digitally when ready.
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A non-disclosure agreement (NDA) regulates how confidential information may be used and disseminated between the parties. The agreement creates legal protection against sensitive information — such as business plans, customer data, technical solutions or strategies — being shared without permission.
Without a written non-disclosure agreement it can be difficult to prove what was agreed regarding the handling of sensitive information. With a clear agreement, all parties know what applies.
The agreement covers the following areas.
A non-disclosure agreement is legally binding in Sweden as long as it meets basic contract law requirements: it must be clearly drafted, voluntarily entered into and signed by authorised parties.
Customise the NDA and sign directly.
Create NDAFree to use — no credit card required
Two companies are exploring the possibility of collaboration and need to share sensitive information about their operations, customers and business models before any decision is made.
A consultant or freelancer will carry out an assignment that involves access to the company's internal systems, strategy documents or customer data.
A startup shares detailed financial information, growth plans and technical documentation with potential investors during a due diligence process.
A company shares prototypes, drawings or technical specifications with a subcontractor who will manufacture or further develop a product.
Buyer and seller need to exchange sensitive financial and operational information as part of negotiations ahead of a potential acquisition.
A mutual NDA means that both parties exchange confidential information and mutually commit to protecting the information they receive from the other party. This type of agreement is common in, for example, collaboration negotiations, joint projects or other situations where both parties need to share sensitive information.
A unilateral NDA means that only one party discloses confidential information, while the receiving party undertakes to protect the information and not to use or disseminate it in breach of the agreement. Such agreements are often used in consultancy assignments, supplier relationships or when a company shares trade secrets with an external party.
In general, mutual agreements are used when information is exchanged in both directions, while unilateral agreements are suitable when only one party shares information worthy of protection.
You decide this yourselves. Common periods are 2–5 years, but the agreement can also apply in perpetuity. For trade secrets, a longer or indefinite duration is often recommended.
The party who breaches the agreement may be liable for damages. Depending on the design of the agreement, the other party may also apply for interim measures (e.g. an injunction to prevent further dissemination of the information) from a court.
Yes, but bear in mind that Swedish law may not apply automatically. State clearly in the agreement which law shall apply and how disputes shall be resolved. For international relationships it may be wise to have the agreement in English.
No, there is no requirement for witnessing. The agreement becomes binding when both parties have signed it, either digitally or with a paper signature.
The Swedish Trade Secrets Act (Lagen (2018:558) om företagshemligheter) provides basic protection for information that constitutes a trade secret, but the protection is limited and applies only under certain conditions.
A written NDA provides stronger and clearer protection. Through the agreement, the parties can clarify in advance which information is confidential, how it may be used, and what penalties apply in the event of a breach.
The very existence of an NDA also signals to the other party that the information is sensitive and should be handled with particular care. This reduces the risk of misunderstandings and strengthens the ability to assert protection afterwards.
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