NDA / Confidentiality Agreements
Protecting Your Business Information
Guiding you through non-disclosure agreements
Non-Disclosure Agreements (NDAs), also known as confidentiality agreements, are important legal tools for protecting sensitive business information. Businesses may need to share commercially valuable information with employees, potential investors, business partners, suppliers or prospective buyers, but doing so can create risks if that information is subsequently disclosed or misused.
An NDA can help protect intellectual property, trade secrets, commercial strategies, financial information, customer and supplier details, business plans and other confidential information. A well-drafted agreement should clearly identify what information is confidential, how it can be used, who it can be shared with and what happens when the relationship or transaction comes to an end.
At Ellis-Fermor & Negus, our corporate and commercial team advises businesses and companies across the East Midlands and beyond on drafting, negotiating and implementing NDAs. We tailor agreements to the circumstances, whether confidentiality is needed as part of a proposed investment, business sale, commercial relationship, employment arrangement or other transaction.
A carefully drafted NDA can reduce the risk of confidential information being misused and provide a clear contractual framework if a breach occurs. We help you ensure the agreement is proportionate, commercially appropriate and provides meaningful protection for the information that matters to your business.
Have a question? Jump to our FAQs ↓
Make a Free Enquiry Today
‘Excellent response times from Charlotte all supported by a very competent team at EFN. Having used EFN for many years, I couldn’t recommend their services highly enough, excellent!’
Charlotte Stojak
Solicitor and Head of Corporate
Why choose Ellis-Fermor & Negus?
Experienced team specialising in confidentiality and intellectual property protection.
Expertise in drafting tailored NDAs for employees, contractors, investors, and partners.
Practical solutions to minimise risk while maintaining business flexibility.
Support for enforcement and dispute resolution if breaches occur.
Trusted advisers across the East Midlands.
Meet the team
Charlotte Stojak
Charlotte joined the firm in 2024 and was appointed Head of Department for Corporate in April 2025. Charlotte qualified as a Solicitor in 2015, after studying Law (LLB) at Derby University and the Legal Practice Course at Staffordshire University. Charlotte has worked at a number of large law firms, gaining invaluable experience and exposure. Charlotte’s…
0115 972 5222
charlotte.stojak@ellis-fermor.co.uk
Charlotte Stojak is based at our Long Eaton Office.
View profile
Jennifer Geary
Jennifer grew up in Long Eaton and first worked for Ellis-Fermor & Negus during her University summer holidays in 2003. She graduated from Derby University in 2004 with a Law Degree and returned the same summer to Ellis-Fermor & Negus as an Assistant to David Negus in the Commercial and Litigation Department to complete her…
01159 835 221
jennifer.geary@ellis-fermor.co.uk
Jennifer Geary is based at our Long Eaton Office.
View profileFrequently Asked Questions
NDAs may seem straightforward, but poorly drafted agreements can be unenforceable or overly restrictive. Legal guidance ensures:
- Clarity on Confidential Information – Precisely defining what is confidential and what is excluded
- Scope and Duration – Setting realistic time limits and territorial coverage.
- Permitted Disclosures – Defining when and to whom information can be disclosed.
- Enforceability – Ensuring terms comply with relevant legislations and regulations
- Integration with Existing Agreements – Harmonising with employment contracts, shareholders’ agreements, or intellectual property assignments.
Without professional drafting, an NDA may fail to protect your business or unnecessarily restrict legitimate activity.
A Non-Disclosure Agreement is a legally binding contract between parties that sets out:
- The confidential information to be protected
- How the information may be used or shared.
- Obligations of recipients to maintain confidentiality.
- Duration of the confidentiality obligation.
- Remedies for breach, including damages and injunctions.
NDAs are commonly used in:
- Pre-investment discussions and fundraising.
- Mergers, acquisitions, or joint ventures.
- Employee and contractor relationships.
- Supplier, vendor, or partner arrangements.
Scope of Confidential Information
- Ensure precise definitions to avoid ambiguity.
- Exclude information already in the public domain or independently developed.
Duration and Termination
- Set reasonable timeframes for confidentiality obligations.
- Provide for termination under certain conditions, e.g., business closure or end of project
Permitted Use and Disclosure
- Define how information may be used internally.
- Specify circumstances in which disclosure is permitted (legal obligation, regulators, advisors).
Remedies and Enforcement
- Injunctions to prevent further disclosure.
- Damages or compensation clauses.
- Clauses ensuring survival of obligations post-termination.
Employee and Contractor NDAs
- Compliant with employment law and intellectual property rights.
- Clear post-employment obligations.
Contact Us
Protecting your business information is critical to maintaining competitive advantage and avoiding disputes. Our lawyers provide expert drafting, advice, and enforcement support.
Phone: 0115 972 5222 • Contact form: ellis-fermor.co.uk/contact-us
Get expert legal advice on NDA and confidentiality agreements today