Mutual NDA
By Gareth HoyleLast updated How we research
A mutual NDA is a non-disclosure agreement in which both parties promise to keep each other's confidential information secret and use it only for an agreed purpose.
A mutual NDA is a non-disclosure agreement in which both parties agree to protect each other's confidential information and use it only for a stated purpose. In a data deal it covers the seller's samples and manifest and the buyer's plans, pricing and intended use.
What should a mutual NDA cover in a data sale?
A mutual NDA in a data sale should cover more than secrecy. Look for:
- A narrow purpose, limited to evaluating the sample
- A ban on training, fine-tuning or testing models on the sample
- Deletion of samples and derived copies when talks end
- Limits on who inside the buyer can see the data
- A term long enough to protect the archive
Do your existing NDAs affect a data sale?
US trade secret law gives a reason to sign one. Under the federal definition at 18 USC 1839(3), information is a trade secret only if its owner has taken reasonable measures to keep it secret.
Your existing NDAs can affect a data sale. Email and chat archives often hold other companies' confidential information that is protected by agreements you signed with them.
At Sell My Data To AI, buyers see redacted samples under a mutual NDA, and full data moves only after you sign a license directly with the buyer. See data room, representative sample and is selling company data to AI safe.