What is this?
A Non-Disclosure Agreement (NDA), also referred to as a confidentiality agreement, protects your trade secrets, proprietary knowledge, technical expertise, intellectual property, and other sensitive and confidential information from becoming public.
Protection of valuable confidential information is critical in business dealings with China and many other countries, such as disclosing non-public information to a joint venture partner, OEM, distributor, licensee, even to an employee or agent. You should sign an NDA at the beginning of most business relationships. Signing an NDA should always be on your “to-do” list for internal compliance reasons as well.
Compared with an NDA you may use in the U.S., Canada, or another country, only an NDA drafted by a vetted and experienced lawyer in China can guarantee you enforceability under the Chinese law.
A vetted, experienced English-speaking lawyer in China will draft both English and Chinese versions of the NDA and deliver them to your Trustiics dashboard in 5 business days.
Value and Benefits
High-quality and reliable: your Non-Disclosure Agreement will be drafted by a lawyer with solid experience advising international clients in this field in China.
Fast and efficient: service provided by a vetted, experienced legal professional within 5 business days and sent directly to your dashboard.
Convenient and worry-free: you don’t need to worry about making an international wiring payment. You don’t pay until the lawyer delivers the service.
Transparent and affordable: The price for such a service provided by top-tiered lawyers in China is competitive and on a pay-as-you-use basis. There is no subscription fee or retainer fee.
Secure: all the data and information are transported on the secured Cloud operated by Amazon Web Service in North America.
Private and direct: one-on-one communication and messaging is available with the lawyer through your dashboard, and all your documents will always be on AWS accessible from anywhere in the world.
Typical Use Scenarios
You are recommended to have an NDA signed when you:
Expect to disclose non-public information to a potential buyer, licensee, distributor or vendor in China;
Engage a Chinese Original Equipment Manufacturer (OEM) to manufacture your products in China based on your design and requirements;
Enter into joint venture arrangement with another company.
One of the following lawyers will provide the service after the request is placed.
Phil has over 10 years of experience and advises international businesses, including Fortune 500 companies, large financial institutions, private equity funds as well as fast-growing SMEs on their China-related legal issues.
Sylvia has over 15 years of experience and has advised many international companies in their China-related investments, transactions, compliance and regulatory challenges and daily operational legal issues under Chinese law.
Bing is an experienced lawyer in Chongqing, China. She has advised many international clients on foreign direct investment, mergers & acquisitions in China as well as international trade related commercial contracts.
Frequently Asked Questions
How long does an NDA last?
The parties should agree upon the term of the contract.
Are NDAs enforceable in China?
Yes, a duly signed non-disclosure agreement with a Chinese party is enforceable in China.
Why do I need a lawyer to draft my NDA instead of an internet template?
A well-drafted contract is the foundation of your business’ success. A clear and enforceable agreement under local law helps build a smooth business relationship and prevent future disputes. Having an experienced local lawyer draft and translate your contracts provides an invaluable measure of assurance and protection. Lawyers also have the expertise to customize the agreement based on your business and transaction.
Can I use the same NDA in the U.S. or other countries?
If there is a chance when you need to enforce a contract in a foreign court, you should have a lawyer qualified in that jurisdiction review or prepare that contract. For the same reason, an NDA drafted by an experienced lawyer in China can make sure your NDA signed with a Chinese company will be enforceable against that company at a Chinese court if anything goes wrong.
Do I have to sign a Chinese version of an NDA signed with a Chinese company?
There is no legal requirement to sign a Chinese language version of an NDA. But it is advisable to have a Chinese version and make sure the Chinese version is consistent with the English version so that both parties share the same understanding and what they agree to are precisely the same as what you expect them to be bound with.
Is there a different type of NDA if I’m the information provider or the information recipient?
First of all, you should let the lawyer know whether you are the information provider or recipient or both. If both parties provide their confidential information, the parties will need an NDA containing bilateral confidentiality obligations. Otherwise, it will contain clauses only imposing confidentiality obligations on one party, the information recipient.