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Home Q&A Forum Is pricing protected under an NDA?

Contracts

Nondisclosure Agreement

New York

Asked on Mar 30, 2021

Is pricing protected under an NDA?

I am in a negotiation with a vendor and they are trying to get us to sign a mutual NDA because they want to protect their pricing.

1 Attorney answer

Answer

Contracts

New York

Answered 1117 days ago

Ramsey T.

ContractsCounsel verified

Business Lawyer
Licensed in New York
Free Consultation

The answer depends upon how you define protected or confidential information under your NDA. Even if pricing is included as protected information, often pricing becomes "excluded" from the NDA protection because the "pricing" has been made public to other third parties. You are often better protected by having a pricing methodology and ensuring that such is protected under the NDA.

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