How a UK NDA differs from a US NDA
A US NDA opens with "WHEREAS" recitals; a UK NDA uses a "Background" block with lettered paragraphs (A), (B). US NDAs use "Confidential Information"; UK NDAs sometimes use "Information" alone. US NDAs typically run perpetually for trade secrets; UK NDAs cap at a specific term to satisfy the doctrine of restraint of trade. Our generator emits the UK conventions when "United Kingdom" is selected.
Restraint of trade and the UK NDA
UK courts apply the restraint-of-trade doctrine to confidentiality clauses that effectively prevent a party from using their general skills + know-how. The classic case is Faccenda Chicken v. Fowler (1986). Our template defaults to a definition of "Confidential Information" that excludes general skills + know-how, and a term length (5 years default) that reads as reasonable to UK courts.
When to use a deed instead of a simple agreement
Under English law, a contract requires consideration; a deed does not. For a unilateral NDA where only one party is providing information (no obvious quid pro quo), drafting as a deed avoids the consideration argument. Our Pro tier supports deed-format closings ("EXECUTED as a deed by [Party] acting by [Director] in the presence of [Witness]").