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Contract Glossary

Mutual NDA vs One-Way NDA

Definition

A mutual NDA (bilateral) binds both parties to keep each other's information confidential, both sides share and both sides protect. A one-way NDA (unilateral) only protects one party's information while the other party receives it. The right choice depends on whether information flows in one direction or both.

In Practice

You're a startup exploring a partnership with a larger company. You'll share your product roadmap, they'll share their distribution data. A mutual NDA protects both sides equally. But if you're hiring a contractor and sharing your proprietary process, while they share nothing confidential with you, a one-way NDA is appropriate. Using a mutual NDA when only one side shares secrets can backfire: the receiving party might argue their 'confidential information' (generic feedback, for example) was breached, creating unnecessary legal exposure for you.

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This content is for informational purposes only and does not constitute legal advice.