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.
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.
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.
We value the flat hourly fees, the response times, and the knowledge of the lawyers that are available. Michelle has been great to work with! She is very responsive, thorough, and can think far beyond just the legal implications that we need to consider in our contracts. It has been a pleasure working with her!
Quick, concise and best of all reasonably priced
Harper James never fail to impress with the speed and efficiency of their service, no matter the query. The team are friendly, knowledgeable and always on hand.
Excellent communication and all correspondence answered very quickly. Very attentive to detail, gave sound advice and secured a good deal in a short time frame.
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!
Always great to have HJ on hand
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
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 …
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: A Case Study
12 August 2019
Harper James Solicitors have been providing dedicated support and guidance to our longstanding client Aeristech Limited since 2014.
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:
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
Emilia trained at SJ Berwin, moving to Reed Smith LLP and then as in-house counsel for Eurostar before joining the team at Harper James. She specialises in commercial transactions, particularly in commercial contract negotiation and SaaS products.View profile
Rana is a commercial solicitor specialising in commercial contracts, data protection and financial services.View profile
Michelle regularly advises business owners on corporate and commercial legal matters. She was partner in a regional firm and has also spent time in-house at a Higher Education business dealing with its research, innovation and knowledge exchange contracts.View profile
IP, Commercial & Technology Associate Solicitor
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
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 £99 per hour.
A monthly subscription legal support package specifically designed for start-ups and smaller businesses.
For businesses requiring 60+ hours of support a year, with prices equivalent to £99 per hour.
Fully account managed quarterly subscription service for businesses with more complex legal needs.