November 2024

Publication of Our Article on NBDAILY - Confidentiality/Non-Disclosure Clauses (NDA/CA) in Business Acquisitions

An article by G. Psarakis was published on the legal portal Nbdaily titled:

"Confidentiality/Non-Disclosure Agreements (NDA/CA) in Business Acquisitions - 6 Questions and Answers on Drafting Confidentiality Clauses (NDA), Particularly in the Context of Business Acquisitions."

In recent years, acquisitions of Greek businesses have become increasingly common. The acquisition process is highly complex, involving, among other things, thorough legal and financial due diligence, regulation of the parties' liabilities within the sale agreement (SPA), and the determination of price-setting clauses. The initial step in any acquisition is the conclusion of a confidentiality and exclusivity agreement (NDA & EA).

The article highlights key aspects of drafting confidentiality clauses, answering six essential questions:

What constitutes commercial/business confidentiality?

Who is bound by the clause?

What are the penalties for violations?

What additional measures can be taken to safeguard the seller?

What are the potential pitfalls in such agreements?

To read the article on Nbdaily, click here.