Free Mutual Confidentiality Agreement

A mutual confidentiality agreement prohibits the unauthorized disclosure of confidential information that two parties exchanged between each other for their mutual benefit.

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Suppose you and another person decide to work together, either as partners in a business or as partners for a particular project. Due to the close working relationship, sensitive proprietary information may be exchanged. You may find the use of a Mutual Confidentiality Agreement useful to avoid any possible issues with information leaks.

The Mutual Confidentiality Agreement binds each party from either discussing or using the other’s information beyond the boundaries defined by the agreement. This document provides more than peace of mind -  it gives each party recourse in case the other violates its terms.

Frequently Asked Questions



A mutual confidentiality agreement is a legal document that prohibits the unauthorized disclosure of confidential information that two parties exchange between each other for their mutual benefit. 




The agreement allows for the disclosure of information between two parties without the fear that the disclosed information will be misused or given to any third parties. At the very least, the agreement gives each party recourse in case the other party does make an unauthorized disclosure. 


To create your agreement, provide:

  • Effective Date: Select the date the agreement will be signed.

  • Governing State: Select which state’s law applies to this agreement.

  • Party Details: Give the name and contact information for both parties entering into the agreement.

  • Reason: Specify why the mutual confidentiality agreement is being created.

  • Non-Circumvention Covenant: A non-circumvention covenant is a promise between the parties that they will not use the disclosed confidential information to interfere with the existing third-party business relationships of the other party. You may include this covenant in your agreement.

  • Term: You can either choose to keep the disclosed information confidential perpetually or for a specific period of time. Although an indefinite term provides the highest level of protection for the parties, such a covenant to not disclose the information in perpetuity may interfere with the business interests of each party.

    • If the term of the agreement is indefinite, the non-circumvention clause will also last indefinitely. If the term of the agreement is for a set length of time, the non-circumvention clause is worded to extend for a year beyond the termination of the rest of the agreement.



A mutual confidentiality agreement equally protects both parties listed, while a unilateral confidentiality agreement only protects the party who is disclosing information. The latter document is often used between a business and employee. 



Our propriety form generator will assist you in creating your customized Mutual Confidentiality Agreement within minutes. Answering the questions is not complicated – you only need to know the basics of the deal and the information of the other party involved.

Once you complete the questionnaire and place your order, it will be available for immediate download in either PDF or Word document from your secure online account.



Generally, a mutual confidentiality agreement does not need to be notarized – you only need to sign the document to make it legally enforceable. A witness may be helpful if the other party contests the agreement, but a notary is not necessary 


Please Note: The use of a notary ensures that no one challenges any signatures later and is a secure way to firmly establish the effectiveness of your document.