Put an enforceable NDA in place that protects your business without undermining third party requirements
Our team of commercial solicitors can support you with:
- Advice on which information should be covered by an NDA.
- Data protection obligations, determining whether they apply and their consequences.
- Defining disclosure parameters, while maintaining confidentiality protection.
- Determining the type of NDA required, whether this is a unilateral or bilateral approach.
- Drafting the NDA to ensure that it is legally enforceable and adequately protects your confidential information while providing the recipient with the freedom to use that information for a specific purpose.
- Execution logistics, easing the process for all parties including correctly executed documents.
- Market practice avoiding unnecessary and costly negotiations.
- Negotiating the terms of the NDA pragmatically and commercially.
- Party definition, ensuring that the correct entities enter into the NDA.
- Remedies for breach, helping you to decide the best options for your business and supporting you if a breach of an NDA occurs.
- Restrictive covenants, expanding the scope of an NDA to cover non-compete provisions.
- Reviewing NDAs to avoid onerous terms if you are a recipient of confidential information.
Essentials of confidentiality agreements and NDAs
Disclosing confidential information or trade secrets to a third party may be required for various business reasons, such as potential investment or partnership, acquisition discussions or demonstrating a new product or technology. While these discussions and disclosure may be of a completely amicable nature with a view to the parties working together in the future, it is important that you are adequately protected from a third party using the information for its own ends or passing it on to others.
Having a pragmatic and commercially focussed NDA in place, which is correctly drafted and legally enforceable, will provide you with the necessary protection while allowing the named third party to use your confidential information as required. Preparing a document that achieves its objectives fairly and reasonably will save negotiation time, avoid unnecessary fees, and reinforce the cooperative spirit of the parties involved.
We can support and advise you in determining the following parameters of the NDA to ensure that it works for you and your third-party relationship:
- What information is being disclosed?
- For what purposes can the information be used?
- Is the named recipient the correct entity to be entering into the NDA?
- To whom can the recipient disclose the information? What protection is to be given to you on such disclosure?
- What remedies for breach are advisable?
- For what period will the confidentiality obligations last?
- Are any restrictive covenants required?
- Are any mutual obligations needed?
- Is data protection a potential issue?
What are the benefits of entering into a confidentiality agreement / NDA?
Safeguard your confidential information
Ensure that your business’ confidential information and trade secrets are adequately protected from unauthorised disclosure and use.
Focus on the project rather than potential confidentiality pitfalls
Knowing that your confidential information is adequately protected can provide you with the assurance required to enable you to take the next step with your project or third-party relationship.
Clarity as to what constitutes confidential information
Having a clear definition of what constitutes confidential information and the purposes for its use results in certainty for all parties concerned and reinforces the significance of that information to the third party and its advisers.
Save time and money
By focussing on market practice, sector-specific practicalities and preparing a fair and reasonable NDA, both you and the third party can avoid unnecessary costs and delays. Plus, you’ll maintain a proactive, amicable relationship from the outset.
Specific options if the project fails
Outlining the steps to be taken by both parties in respect of the confidential information, if the project does not move forward, will assist in a clean break and avoid unnecessary discussions and potential contractual disputes.
Who we help: Start-ups to multi-nationals across diverse sectors
We support a wide range of UK-based clients across a variety of sectors and advise all businesses from start-ups, SMEs, and high-growth companies to multi-national companies. We pride ourselves on making legal support more accessible. With our legal subscription plans, you can expect to receive advice from experienced solicitors at a fraction of the cost of a traditional law firm, helping you scale your business without breaking the bank. And because of our pricing structure, we can also provide you with legal support across a range of integrated services, from drafting contracts and conducting data protection audits, to corporate transactions and intellectual property advice, giving you a more holistic level of support in all areas of your business.
Examples of our work
New £5K Intellectual Property funding for SMEs as Government shows commitment to innovation
3 September 2021
In July, business secretary Kwasi Kwarteng announced the government’s innovation strategy, which includes support for UK companies to develop and grow their intellectual property strategy. …
Helping Paragraf make miracles happen with next-generation graphene
12 August 2021
Recently named by Beauhurst as the UK’s top graphene company, Paragraf are materially transforming electronics. Founded in 2015, the singular Cambridge spin-out turned scale-up are …
Meet the client: Jeff Kofman, CEO and Founder, Trint
26 November 2020
Our popular Meet the client series reveals the inside story on the companies we support with legal services. This time, we speak to Emmy Award-winning …
Supporting world-leading Cranfield Aerospace Solutions to do its best work
2 September 2020
As the aerospace commercial arm of Cranfield University, Cranfield Aerospace Solutions Limited (popularly known as CAeS) benefits from an impressive pedigree that stretches back almost …
Top UK start-up credits Harper James for early success
27 August 2020
With many companies planning to keep working from home policies in place post-lockdown, one issue is becoming increasingly important. How do you ensure a remote workforce …
Hopin grow sixfold and show no signs of stopping
5 August 2020
Hopin is one of the fastest growing start-ups around. Their game-changing service lets users watch and interact with events virtually, broadcasts live events for up …
The sky’s the limit for Oxford Space Systems
16 July 2020
AS their name suggests, Oxford Space Systems (OSS) work at the heart of some of the most cutting-edge technology imaginable. They even use origami as …
Giving Verdel Instruments a hand with employee policies and procedures
8 July 2020
Verdel Instruments Ltd contacted us for help in creating an employee handbook, off the back of their successful £1m investment in April. The pioneering Coventry-based company …
Hospify: The healthcare messenger that’s coming of age in the era of Covid-19
30 April 2020
Hospify’s time is now. As one of the outlier companies that’s thriving in the challenging era of COVID-19, the healthtech start-up’s messaging platform is in …
Harper James and Aeristech Limited
12 August 2019
Harper James Solicitors have been providing dedicated support and guidance to our longstanding client Aeristech Limited since 2014. Established in 2006, Aeristech’s mission is to develop …
Why choose Harper James Solicitors?
We can advise you on the full array of commercial law issues that arise throughout your business’ life cycle. Our commercial solicitors understand the need for pragmatic, business-focussed decisions and advice and are expertly placed to combine this with the necessary legal requirements and market practice. We understand your industry and your business and using this knowledge, can offer tailored advice that works for you and your needs.
Having all worked at top 100 UK law firms or as in-house legal counsel for large international companies, our commercial solicitors are adept at navigating their way through commercial law issues and can provide the support that you need, when you need it.
Find out more about the team here:
Senior Commercial Solicitor
Karen Mason has over 30 years’ experience practising business law. She has been a senior lawyer and partner in private practice as well as in-house counsel to some of the UK’s most highly regarded broadcast, media and internet companies.View profile
Stephen has over 20 years’ experience advising on commercial matters. He brings a wealth of technology expertise having previously worked in-house as senior counsel to BT before joining private practice.View profile
As a previous partner at DLA Piper, Sarah comes with a rich pedigree in providing expert commercial services for her clients.View profile
IP & Commercial Technology Partner
Before joining us Rob worked for Santander bank as an IP/brand management lawyer and also at Shakespeare Martineau.View profile
IP, Commercial & Technology Associate
Ed joins our commercial team and specialises in IT, IP and general technology related contracts, but can also advise on a range of commercial matters.View profile
Senior IT & Commercial Solicitor
With over 15 years of in-house experience in the IT sector, Rob specialises in drafting and negotiating all manner of commercial agreements.View profile
Senior Commercial Technology & Data Protection Solicitor
David is a senior commercial solicitor, specialising in technology and data protection. He joins us having worked as in-house counsel for the BBC and OUP.View profile
Our three transparent pricing packages are designed to give you the widest possible access to high-quality legal advice, whatever the size and nature of your business:
Straightforward access to senior solicitors at a competitive rate.
An affordable solution for businesses needing one-off legal support. Receive ‘City’ partner-level expertise at a fraction of ‘City’ prices.
Have legal peace of mind for £189 per month with additional support from £125 per hour.
A monthly subscription legal support package specifically designed for start-ups and smaller businesses.
Providing you with priority access to a dedicated panel of highly experienced solicitors.
Fully account managed quarterly subscription service for businesses with more complex legal needs.
What our clients say
We pride ourselves on delivering an excellent service for clients, but don’t just take our word for it.
What attracted me to Harper James was the pricing model they have in place. It means we get access to top legal professionals at prices we can afford. In our most recent funding round, the support we received was vital.
Mikhil Raja, CEO
We rely on Harper James to provide us with support across a full range of service areas, from commercial contracts and employment issues to fundraisings and investments. The team at Harper James are always available to provide us with cost effective, pragmatic and commercially focused advice.
Nick Holzherr, CEO
Stephen was very helpful, pragmatic and where appropriate, entertaining. We were grateful for the way Stephen advised us in layman’s terms, showing patience to ensure we understood the transaction and were able to move to completion. I value the relationship we have developed with Harper James over the last few years and would recommend them to others.
Jon Arcos, Founder & CEO
Axis Spine Technologies
Harper James has been the ideal law firm for Paragraf because of the flexibility that’s built into the on-demand subscription package. With HJ, I have all the legal expertise and answers I need at the end of an email. We have ambitious plans to fulfil, pushing our product lines overseas and bringing graphene electronics to the masses. There’s no better partner to help us get there than Harper James.
Cathy Cranton, Financial Director
When you’re a start-up, you have to find creative ways to do everything you need to do. And you need to find people who can help you. Harper James can advise us on contracts just as well as a blue-chip London or New York law firm, but at a much lower hourly rate.
Jeff Kofman, CEO and Founder
It's very cost efficient and fast. I have enjoyed talking to everyone in the company as they are not only knowledgeable but can also relate to the situations that I need assistance with. Very happy!
Kerem Sozugecer, Founder & CEO
Having an on-demand relationship with Harper James gives us constant access to leading legal experts across the areas of law we need to keep growing our business. I’m convinced no one delivers better service or beatable value.
Paul Hutton, CEO
Cranfield Aerospace Solutions