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 via eIDAS or download PDF for wet signature.
5. 5Store the NDA in the digital archive with team-level access control.

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

• Pre-filled NDA template compliant with Romanian law and EU Directive 2016/943, auto-updated.
• Configurable clauses: unilateral/mutual, duration, penalties, exceptions — no lawyer needed for standard cases.
• Integrated eIDAS electronic signature — legally signed NDA in minutes, not days.
• Centralised archive with version history and audit trail — useful in litigation or M&A due diligence.
• Automatic alerts on confidentiality expiry for renewal or revocation.