NDA vs NCNDA
NDA covers only confidentiality. NCNDA also covers non-circumvention - critical in multi-party commodity chains where brokers can be bypassed.
At a glance
| Criterion | NDA | NCNDA |
|---|---|---|
| Confidentiality | Yes | Yes |
| Non-circumvention | No | Yes |
| Typical use | Two-party discussions | Multi-party chains with brokers |
| Term | 2-5 years | 3-5 years plus trade renewals |
| Damages | Actual loss proven | Often liquidated damages |
Use NDA when
Use the NDA when the exchange is bilateral - buyer to supplier, principal to advisor.
Get the NDA template →Use NCNDA when
Use the NCNDA when brokers or mandates are in the chain and could be bypassed.
Get the NCNDA template →FAQ
Do banks need to see an NDA/NCNDA?
No. NDA/NCNDA are between commercial parties. Banks rely on SPA and LC documents.
Can an NCNDA replace an NDA?
Yes - NCNDA includes NDA-style confidentiality, so a well-drafted NCNDA covers both.