Non-Disclosure Agreement For a Mobile App: FAQ
The best way to come to the point about this or that matter is to take a look at the most common FAQ, being asked. So, let’s begin.
What is an NDA?
NDA is a Non-Disclosure Agreement for short. It can be applied to any area and field. Where the intellectual property protection is involved in this or that way.
Did it make the point clearer? We doubt it. So let’s come straight to the point. NDA ensures your ideas, related to app development, any confidential information, and any data, that may cause business losses if being transferred to third parties, will be protected.
To Whom Should I Sign the Non-Disclosure Agreement for My Mobile App?
In short, with anyone who might have access to confidential information, related to app development, so the list of potential parties is huge. To make it more specific, let’s have a look at the parties which should be considered the first ones if we are thinking about signing an NDA
- Your own (in-house) team. It is logical, obvious, and clear because your team members will have direct access to the confidential data. SO they will be the first ones to sign an NDA. It ensures that the data is protected not just against outside leakings, but against the inside spreading among the workers, not involved in the particular project as well.
- Contract developers. This point is also clear - you are working with external parties, providing access to the sensitive data, so signing an NDA with them is a must. Consider the point that NDA in some cases should remain in force even after the release.
- QA engineers (testers). They know technical specifications, have access to the code, so it will be a wise decision to sign an NDA with the QA team too.
- PO’s, PM’s, Designers, and others who work on your product without using the code. Yes, they do not work with the code directly, do not look for vulnerabilities as the QA, but still have different blueprints, mind maps, and so on. It means that signing an NDA should work for these guys too.
At What Stage Should I Sign the NDA?
When it comes to NDA, people often ask, when it’s the best time to sign the papers. The question becomes even more essential when it all is about app development. So our answer is that - the best moment is when you sign the rest of the papers or hire a person.
In some cases NDA can be signed at the interview stage, when you're about to share some sensitive data and want it to be protected and kept secret.
Is There a Single Template?
No, there’s no such a template. In other words, there’s no sample that would be recognized by the third parties in general.
In general, companies who work in the area of app development offer their own template when it comes to signing an NDA. Note, that a stable company with a good reputation, worth your trust will not hide any details in the template. The moment people often skip is that they can offer their own modification of the template having been offered.
One of the options is to use our template. Yes, we at Celadonsoft use it while working with the clients. And as you will see, it is 100% clear. The link is closer to the end of the article, so stay tuned.
What Are the Components of a Good NDA?
Be careful - there’s no standard or general template for NDA. Why should you be careful? Just in order not to miss some essential points. In spite of the fact that there’s no template, the list of must-have contents was created. Here it is:
Clause
Description
Definition of the Confidential Information
The definition of what is meant under “confidential information” should be clear and concise, so it can’t be interpreted in different ways.
Parties
Disclosing and the Recipient parties have t be defined as well. NDA should also state to whom the confidential information can be disclosed and under which conditions. The simplest example - information disclosure during interactions between developers and the QA department.
Duration
An NDA without a timeline is nonsense. Time limits should be realistic and as a rule, they are stated up to three years valid.
Permitted Use of the Confidential Information
This chapter is about the ways and situations when involved parties can and can not use the provided data.
Always keep in mind that in some cases the information disclosure can be a demand from the authorities. For disclosing party it means that it is not responsible for agreement violation because it was done due to legal obligation.
Jurisdiction
His point is about the court, in which jurisdiction the case will be transferred in cases of NDA violation.
Remedies
The consequences for the NDA violation have to be pointed out and discussed as well. Here one should describe acceptable remedies for the party that has disclosed the information.
Mind legal fees and specify the party, responsible for it.
No Obligation
Relationships termination conditions are to be included too. However, there should be a possibility to terminate them at any point if it isn’t against any relevant contractual stipulations or laws.
Tip: avoid unrealistic penalties in case of NDA violation. The best option is to define that the cases related to the NDA violations and penalties will be regulated by law.
So now you know the must-be elements of the NDA template for app development and what they contain. Keep them in mind when it comes to signing an NDA the next time. Now the question “What is an NDA?” is answered, and we can jump straight to the reasons why NDA is the paper you really need to be signed.
