How to make a non-disclosure agreement (NDA)?

Short answer

1. 1Access 4mycontracts.net and select NDA type (unilateral or mutual).
2. 2Fill in party details: company name, registration number, legal representative.
3. 3Define the confidential information scope and duration of the obligation.
4. 4Sign electronically through a signing link or download the PDF for a wet signature.
5. 5Keep the NDA in your account archive.

What the law says

• Romanian Civil Code art. 1469-1548 — confidentiality as a contractual obligation.
• GDPR Regulation EU 679/2016 — an NDA does not replace a Data Processing Agreement (DPA).
• eIDAS Regulation 910/2014 — qualified electronic signature equals wet signature legally.
• Law 8/1996 on copyright — additional protection for know-how and trade secrets.
• EU Directive 2016/943 on trade secrets — B2B framework for protecting confidential information.

Practical examples

• Mutual NDA between a SaaS startup and a distribution partner, 3-year term, EUR 10,000 penalty clause.
• Unilateral NDA signed by a freelancer before accessing client source code.
• Confidentiality agreement for M&A negotiations between two Romanian companies.
• NDA for a new R&D employee including a 2-year post-employment confidentiality clause.

Common mistakes

• Failing to define exactly what information is confidential — creates exploitable gaps in litigation.
• Omitting the post-contractual duration — confidentiality expires when the contract ends.
• Signing the NDA after sensitive information has already been exchanged, not before.
• Confusing the NDA with a GDPR Data Processing Agreement — they serve distinct legal purposes.

How 4mycontracts helps

• NDA template with fields to fill in, drafted on the basis of Romanian law and EU Directive 2016/943.
• Simple electronic signature through a secure link — the signer needs no account.
• A signature certificate as PDF, with the IP address, time of signing and SHA-256 fingerprint of the document.
• Archive in your account, with the event history of each contract.
• Expiry radar in the panel: see the contracts that expire within 30 days.