A software development non-disclosure agreement (NDA) is a legal document between companies and outsourcing companies or software developers, guaranteeing that highly sensitive information shared during the development process remains secure and does not end up in the possession of unauthorized individuals.
An NDA may encompass various elements that contribute to the competitive advantage within your market. These elements include client databases, source code, architectural designs, algorithms, business strategies, marketing plans, and other pertinent materials.
Non-disclosures are particularly used during the initial stages of collaboration, along with other essential documents such as Request for Proposal (RFP).
Information Protection in Software Development
Sensitive data protection is a crucial aspect of software development, encompassing the secure handling and processing of information throughout its lifecycle.
The Software Development Life Cycle (SDLC) involves various stages of work required to develop software applications. Each stage is associated with specific roles and responsibilities that software contributors need to comprehend, oversee, and enhance in order to deliver their software services and can put you at risk of unnecessary information disclosures.
These work stages comprise:
- Planning
- Requirements gathering
- Software design and prototype
- Software development
- Integration and testing
- Deployment
- Operationalization
- Maintenance
Using encryption, authentication tools, and minimizing data exposure are key methods to include in your data security protocols. Including such protocols in the NDA can prevent potential data breaches, financial penalties, and reputational harm.
How to Write a Software Development NDA
When creating an NDA for software development, there are a few key steps you should follow.
Step 1 – Download the template as PDF or Word (.docx).
Step 2 – Enter the name of the parties and the date of the agreement.
Step 3 – Specify the duration in which the Receiving Party will hold the confidentiality of the information.
Step 4 – Clarify which information will be considered confidential, such as unpublished code, design specifications and definitions, algorithms, flow diagrams, data structures, user documentation, etc.
Step 5 – Enter the governing state.
Step 6 – Lay out the consequences and legal remedies in case of a breach or violation.
Step 7 – Both the Disclosing and Receiving Parties must sign to complete the agreement and activate its binding effect.
In software development, an NDA must be signed by all individuals (not just the software developers) who have access to the source code, designs, product documentation, or any other confidential information, including investors, stakeholders, and quality assurance specialists.
