3. Remember the essential clauses of the agreement: confidentiality, non-use, duration, etc.

The purpose of the statement (or preamble), located between the identification of the parties and the list of articles, is to explain why the protagonists intend to enter into this agreement: it does not contain any commitment, but serves to interpret the clauses (or articles) of the contract, and must therefore be carefully drafted.

The signing of a confidentiality agreement must always be contextualized to enable the judge or arbitrator, in the event of a dispute, to better understand the reasons why it was signed, and to define the project in progress (e.g. talks with a view to a possible collaboration between the parties). Often, disputes arise years after such a contract has been signed, and the people who may have negotiated or signed it may no longer be present to explain its context. It is therefore very important to be precise, with the preamble acting...