Confidentiality agreements are intended to be used whenever one Party discloses confidential information to another Party. Confidentiality agreements are commonly entered into between employees and their employers and between companies and third parties.

The key terms of a confidentiality agreement include:
a. Identity of the confidential information;
b. Identity of the receiving Party;
c. Duration of the disclosure;
d. Use of the disclosed information;
e. Return of disclosed information;
f. Agreement to injunctive relief and stipulated damages.