What if you share information before the NDA is signed?
The definition for “Confidential Information” in the NDA Standard Terms does not cover information shared before the Effective Date. Sometimes, parties begin sharing information before an NDA is fully executed or signed. In those situations, you could set an Effective Date to one before your discussions began, or you could expand the definition of “Confidential Information” to capture anything shared before the Effective Date.
Sample language
Written to work with Common Paper standard agreements.
Protect information shared before the Effective Date
Add after the first sentence of Section 1: Confidential Information includes any such information disclosed or made available before or after the Effective Date.