Each confidentiality agreement defines its trade secrets, often referred to as „confidential information.“ This definition defines the purpose of the disclosure. There are three common approaches to defining confidential information: (1) using a system for identifying all confidential information; (2) list of categories of trade secrets; or (3) explicitly identify confidential information. These are just a few examples of the types of information you want to keep confidential under the protection of your NDA. Your agreement may list as much or little confidential information as necessary, but you must say exactly what information the receiving party cannot disclose. Know-how does not always relate to secret information. However, for mutual NDAs (also known as „bilateral“ NDAs) in which both parties have agreed to keep in private the information they have learned from each other, it may be reasonable to assume that the other party can now disclose the information learned if one party violates the contract by inappropriately sharing that information with an external party. This free confidentiality agreement (NDA) is itself a simplicity. You may not prohibit the receiving party from disclosing information that is known to the public, that legally comes from another source, or that has been developed by the receiving party before meeting with you. Similarly, it is not illegal for the receiving party to reveal your secret with your permission. .