A case of drafting a non-disclosure agreement in English with a company in Singapore

Outline of the case

We are asked by our clients to draft, translate, and legally check various types of non-disclosure agreements. The following is an example of the work we have performed.

(1) Confidentiality agreements in English required at the start of a transaction

We drafted and checked an English non-disclosure agreement for a client of our firm who was about to enter into a transaction with a Singaporean company for the sale and purchase of goods.

(2) English non-disclosure agreement required at the start of transaction negotiations

We drafted an English non-disclosure agreement to be presented to a client’s sales representative when he participated in an exhibition in China and negotiated a local business deal.

(3) English non-disclosure agreements required for M&A and business alliances

We have drafted English non-disclosure agreements required when our clients initiate discussions with foreign companies regarding M&A and business alliances.

(4) Standard English non-disclosure agreement used by a company

Our client had been using a confidentiality agreement prepared by its own company for many years, but had never had it legally checked by an attorney, so it requested us to prepare a standard English confidentiality agreement (English text and Japanese translation) for use by the company.

(5) Confidentiality agreements required in connection with employment contracts

When our client hired a foreign national employee, it requested an English confidentiality agreement (with a non-compete clause), an English employment contract, and English translations of employment regulations.

Our Services

We have drafted, translated, and reviewed many confidentiality agreements in English, and we recommend that you have a legal review by an attorney to ensure that your company’s interests are properly protected.

(1) We offer various types of English non-disclosure agreements

We draft various types of non-disclosure agreements in accordance with our clients’ wishes. These agreements include the following:
Bilateral confidentiality agreements (in which the rights of both parties are equally protected);
Unilateral confidentiality agreements (which protect only the confidential information of one party);
Unilateral English non-disclosure agreements (which protect only the confidential information of one party);
Confidentiality agreements in the form of a letter; and
Confidentiality agreements in English with consultants.

(2) We will propose contract clauses that meet your needs

Not all non-disclosure agreements are the same, and it is necessary to modify the terms of the agreement according to your company’s requirements. We understand the client’s requirements through hearings with the client, and draft a confidentiality agreement with the content desired by the client. These clauses include definitions of confidential information, how to manage the information, requirements for submission of a certificate of destruction, restrictions on copying, contract term, remaining clauses, governing law, and dispute resolution methods.

(3) Protect the client’s rights

Confidentiality agreements are not only safe when drafted, but also require constant attention to ensure that your company’s secrets are fully protected. We will listen to your company and suggest measures to be taken depending on the importance of your company’s confidential information. For example, we may prohibit the copying of manuals issued by your company and require that the originals be kept in a locked room.

(4) Representing your company’s interests in the event of a dispute

If your company’s confidential information has been leaked to a competitor or an employee has taken confidential information out of the company without permission, we will send a certified letter to the other party to the transaction or to the retired employee or consultant, demanding the return or destruction of the confidential information and prohibiting its use. If the leakage or unauthorized use of confidential information is still recognized, we will protect your company’s interests by applying for a provisional injunction to stop the use of confidential information or filing a lawsuit for damages based on a confidentiality agreement, employment contract, or consultant agreement. If the other party’s conduct is found to be in violation of the Unfair Competition Prevention Law, we will add a claim for violation of the Unfair Competition Prevention Law in addition to the breach of confidentiality agreement.

Attorney’s Fees for English Non-Disclosure Agreement (Example)

(1) Legal check of an English non-disclosure agreement (typical)

Standard contract with some comments on points to be noted, but no major modification of the contract is required.
Attorney’s fees: 33,000 yen (including tax)

(2) Legal check of confidentiality agreements in English (including amendment of contractual provisions)

Legal check of an English-language non-disclosure agreement (including modification of contractual terms and conditions) (based on the client’s wishes)
Attorney’s fees: 55,000 yen (including tax)

(3) Legal check of an English confidentiality agreement (including modification of contractual provisions)

A confidentiality agreement in English between a client and a consultant, in which, in addition to a confidentiality clause, a non-competition clause, attribution of copyright, etc. are added, and a clause prohibiting the consultant from taking the client’s information and performing similar work for another company (including advisory services relating to confidentiality).
Attorney’s fees: 110,000 yen (including tax)

(4) Preparation of English non-disclosure agreements (typical)

A standard English non-disclosure agreement prepared using our standard English non-disclosure agreement format, with the addition of the company’s name, purpose of use, etc.
Attorney’s fees: 55,000 yen (including tax)

(5) Preparation of an English non-disclosure agreement (atypical)

Preparation of a customized English non-disclosure agreement applicable to the client’s transactions based on the client’s request (a draft reflecting the client’s intentions for each article)
Attorney’s fees: ¥165,000 (including tax)

(6) Preparation of English non-disclosure agreements with employees (typical)

An English non-disclosure agreement with an employee prepared using our standard English non-disclosure agreement format
Attorney’s fees: ¥55,000 (including tax)

(7) Japanese translation of an English confidentiality agreement (2 pages)

Translation of a standard English nondisclosure agreement into Japanese
Attorney’s fees: 55,000 yen (including tax)
*The amount of attorney’s fee varies depending on the number of words.

(8) Translation of Japanese Nondisclosure Agreement (2 pages) into English

Translation of a standard Japanese nondisclosure agreement (2 pages) into English
Attorney’s fees: 55,000 yen (including tax)
*The amount of attorney’s fee varies depending on the number of words.

(9) Preparation of standard contracts (Japanese and English) for client companies

Using our standard non-disclosure agreement format (English and Japanese), we prepare a standard agreement for use by the client company.
Attorney’s fees: 55,000 yen (including tax)
*The amount of attorney’s fees varies depending on the number of words.