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I have a non-disclosure agreement that I signed to not disclose confidential information of the disclosing party.

“Confidential Information” shall include all information or material that has or could have commercial value or other utility in the business in which disclosing party and receiving party are engaged in; and any other projects that parties named in this agreement collaborate on, as well as other related information regarding specific projects and products.

However, the disclosing party never signed the NDA.

Does this mean that the NDA is not valid and any "confidential information" can then be disclosed?

Alex
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    Read your first paragraph out loud. You agreed to not disclose their confidential information. They offered you this information as part of that agreement. What makes you think they need to further agree? (P.S. Who's to say they didn't sign the copy that they put in their own files?) – Michael Hall Oct 14 '22 at 20:16
  • The legal result may depend upon whose law applies. – ohwilleke Oct 15 '22 at 15:44

2 Answers2

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Contracts don’t need to be signed

Unless they are of a class that does - NDA’s aren’t.

If the parties agree to a contract then it binds them. You agreed and your evidence for doing so is your signature. They agreed and their evidence for doing so is your signature on the contract they gave you.

Dale M
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the disclosing party never signed the NDA.

Does this mean that the NDA is not valid and any "confidential information" can then be disclosed?

The NDA is binding. The disclosing party being most likely the draftsman of the NDA obviates the need for him to sign an agreement that only constrains what the receiving party can do.

Even if the draftsman were the receiving party, the constrains on himself pursuant to that NDA could be binding on grounds of promissory estoppel.

Iñaki Viggers
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