A confidentiality agreement (also known as a „confidentiality agreement“ or „NDA“) is a contract in which the parties agree not to disclose information covered by the agreement, which is generally used to protect non-public business information, such as trade secrets. You need to decide whether the confidentiality agreement should be an agreement or a document. To decide, remember that there may be situations where it is not appropriate to limit liability, even if the agent is independent. For example, if it was an obligation fully controlled by the agent (for example. B the confidentiality of certain information), it is not clear why liability should be limited in this situation. You can see our full long form confidentiality agreement here and our simple short form confidentiality agreement here. However, if there is a broader description of what is considered „confidential information“ (i.e.: Not only limited to the permitted purpose) and information has been exchanged in the past without a confidentiality agreement, the recipient may be more resistant to accepting a new obligation to keep that information confidential since they were possibly free to do what they previously wanted. . . .