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Non-Disclosure Agreement

Customers sometimes express concern about whether a creditor will keep its financial statements confidential if the buyer elects to share financial data with the creditor. A non-disclosure agreement or NDA sent by the vendor is intended to convince customers to release financial statements by stating that the financial information will be maintained in confidence in the credit department's files. 

Creditors should try to use their company's own non-disclosure agreement. If they are asked to sign a non-disclosure agreement prepared by the customer, the credit manager typically must ask that the NDA be reviewed by their attorney. Whether the buyer or seller generates the non-disclosure agreement, before signing it the credit manager must be certain that their company can and will comply with all of the conditions and requirements contained in the contract.  Why?  If the creditor company signs an NDA and then discloses the customer's financial information to a third party, the creditor can be held liable for a breach of contract and sued for damages.

Edited by Michael C. Dennis,  author of "1001 Collection Tools and Tips."