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Corporate Law

Non Disclosure Agreements

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Coca-Cola Has Market Share Of Approx 46% In U.S. With Market Cap. Of Over $270 Billions.

But How Coca-Cola Grained Immense Success Over These Years?

Answer Is The Secret Of Their Flavours And Mixtures They Use In Coca-Cola Which To This Date Has Been Confidential.

Coca-Cola Preserves It Secret Flavours Through NDA(Non Disclosure Agreement) And Makes NDA With Every Person Having Knowledge Of Their Secret Flavours.

But Exactly Is This NDA?

So Let Me Explain~

• It Is A Formal Agreement Entered Between Two Or More People To Preserve Some Confidential Information. Ex: Trade Secrets, Technology, Sales Plan, Marketing, Branding etc.

• It (NDA) Prevents~

  • Confidential Information From     Getting Leaked.
  • Confidential Information From Getting Used By Other People.
  • Confidential Information From Getting Misused.

• It Can Be Entered Between~

  • Employer & Employees
  • Partners
  • Anyone Having Knowledge Of Confidential Information

• Some Points Which Should Be Included In Agreement~

  • Name Of Parties
  • Confidential Information (Super Important)
  • Modes Of Sharing Information
  • Penalty Clause (Super Important)
  • Resolution Of Disputes

• Types of NDAs

  • UNILATERAL(When Only Single Person Shares Information With Other Party).
    ex: Mr. X May Be Sole Owner Of Parent And May Enter In Agreement With Other Person For Not Sharing Info.
  • BILATERAL(When 2 Parties Respectively Share Information).
    ex: Mr.A And Mr.B Both May Together Be Working On Some Technology And Having Defined Roles.
  • Multilateral(When 3 Or More Parties Share Confidential Information Among Themselves)

Note: NDA Should Always Be Executed On Stamp Paper Other Wise It Will Get Hard To Prove And Court Will Give Tarikh Pe Tarikh Mad Tarikh Pe Tarikh(Being a civil suit).

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Author Info

Manish Dulani
Qualification: CS
Location: Jaipur, Rajasthan
Articles Published: 4

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