Non-Disclosure Agreements (or Confidentiality Agreements)

The George Washington University supports and encourages the development of research projects with sponsors. Non-Disclosure Agreements or Confidentiality Agreements (collectively NDAs) may be needed to allow the GW Principal Investigator and the Sponsor to exchange confidential information in order to engage in discussions about potential research projects and/or in developing the statement of work.

The purpose of an NDA is to ensure the proper transfer, use, protection, and return or destruction of confidential information. An NDA is needed if GW is receiving or providing confidential information to a sponsor. Failure to have an executed NDA or follow the terms of an NDA could result in significant liabilities and potentially impact intellectual property rights.

Generally, NDAs are negotiated and signed ahead of a Sponsored Research Agreement. Upon negotiation and execution of a Sponsored Research Agreement, the NDA is no longer needed, as it has served its purpose and a Sponsored Research Agreement contains a Confidential Information section.

An NDA file Agreement Number in myResearch will reflect the following format: NDA######## (example NDA00008992).

Process

The GW Principal Investigator (PI) initiates an NDA by creating an NDA in myResearch. Please use the Guide for Initiating Nonfinancial Agreements in myResearch to aid you in this process.
Once the PI submits the NDA via myResearch and it receives a myResearch Agreement Number (example NDA00005555), the NDA is assigned to an OSP Contract Officer (CO).
The CO reviews the information provided in myResearch and reaches out to the PI with any questions, as needed.
The CO acquires any relevant input and compliance approvals from the relevant internal stakeholders and negotiates the NDA directly with the outside entity.
The CO notifies the PI when the NDA is fully executed, provided to the outside entity, and input into myResearch. At this time, the PI may transfer or receive confidential information.

Resources

Guide for Initiating Nonfinancial Agreements in myResearch (GW Login required, PDF)

Frequently Asked Questions

If I am not faculty, how do I submit an agreement?

If you are not a faculty member, please have your faculty advisor submit the request on your behalf.

If I do not have an agreement template, can I still submit my agreement?

OSP has approved templates that we prefer to use. Please check the box that indicates that the agreement will be internally generated when initiating the non-financial agreement in myResearch.

What do I do if the outside entity has provided me specific instructions for communications?

If the outside entity has specific instructions on how to communicate with it, please make sure to provide these in myResearch when initiating and submitting your request.

Do I need an NDA if I am providing confidential information to a Sponsor?

Yes, GW requires an NDA, whether GW is receiving or providing confidential information. Please use the Guide for Initiating Nonfinancial Agreements in myResearch to aid you in initiating and submitting a request for an NDA.

Do I need an NDA when a Sponsor wants to send me confidential information to discuss a potential research project?

Do I need an NDA to do research?

An NDA is usually needed to help discuss a potential research project or relationship with a Sponsor. Once you are ready to engage in research, you should submit a Funding Proposal and once it is approved seek a Sponsored Research Agreement.

If confidential information will be exchanging hands during the research project, the Contracts and Award Acceptance Team will negotiate in a Confidential Information section into the Sponsored Research Agreement to address the transfer of confidential information. Therefore, an NDA is not needed.

Sometimes a Sponsor will require a separate NDA to be signed alongside a Sponsored Research Agreement. If that is the case, the Contracts and Award Team can negotiate both agreements simultaneously.

Support

For questions regarding the process, the assigned Contract Officer is identified in the agreement record in myResearch.
For additional questions, you may also send an email to the osp_contractsgwu [dot] edu (osp_contracts[at]gwu[dot]edu).