Electronic signature of an NDA (confidentiality agreement)

The NDA: essential before any sensitive exchange

An NDA (Non-Disclosure Agreement) protects information shared during commercial negotiations, due diligence, technical collaboration or sensitive service delivery. It must be signed before the exchange of information.

However, on paper, an NDA takes 2-5 days to come back signed. In the meantime, either you share anyway (risk), or you wait (loss of commercial time). Electronic signature solves this friction.

Recommended level

Advanced signature (AES): since the NDA is a document that will be used in case of dispute, the proof of signature must be solid.

SES may be sufficient for "light" NDAs between known partners, but AES is the standard.

Content of a typical NDA

• identity of the parties (name, registered name, representative)

• purpose and context (project X, negotiation Y)

• definition of confidential information

• obligations of the recipient

• duration (often 2 to 5 years)

• exceptions (information already public, independent research)

• jurisdiction and penalty clauses

Lightning procedure

• Template your standard NDA (90% of NDAs are similar)

• Fill in the variables (counterparty name, project, date)

• Send in AES

• Signed on average within 30-60 minutes

• Start the commercial discussion

Strategic benefits

• Eliminate the "I'll send you the NDA by email, sign it for me ASAP" which drags on for 5 days

• Secure initial exchanges from the first meeting

• Professional image with startups, funds, investors

• Traceability of negotiations under NDA (audit trail)

Common mistakes

• Unilateral NDA when a mutual NDA is needed

• Vague or "perpetual" duration (not always enforceable)

• Omitting exceptions (information fallen into the public domain)

• Forgetting the competent jurisdiction

• Not archiving the signed NDA

Use case: startup raising funds

A Series A startup is in discussion with 12 investment funds. Each discussion begins with an NDA. Without electronic signature, that's 12 × 3-5 days of friction. With:

• ready-made mutual NDA templates

• sent in AES from the first meeting

• signed on average within 2 hours

• data room opened in the meantime

Gain: 4-6 weeks on the total duration of the fundraising.

How Certyneo helps you

Certyneo offers a ready-to-use mutual NDA template, AES signature by default, integration with CRMs (HubSpot, Pipedrive) to track NDAs by commercial opportunity, long-term archiving.

Discover Certyneo's electronic signature solution

FAQ

Does an NDA need to be notarised?

No, it is an act under private seal.

Can an NDA be signed after exchanging information?

No, it must precede the exchange. Otherwise, it covers information communicated retrospectively (clause to be provided explicitly).

Standard duration?

Often 2-5 years depending on sensitivity. Perpetual is rarely enforceable.

Bilingual NDA?

Yes, can be signed in the same envelope.

Storage?

For the duration of the NDA + 5 years minimum.

Conclusion

Signing an NDA electronically in 30 minutes instead of 5 days is a major commercial accelerator. Template, send, sign, talk.

Try Certyneo to send, sign and track your documents online simply, quickly and securely.