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every well-drafted nda or non-disclosure agreement is going to include within it exceptions to what constitutes confidential information or a trade secret because not everything that a discloser discloses to a recipient should be treated as confidential information or a trade secret simply because the discloser says that its confidential or that its a trade secret so some of the exceptions are information that is already known to the general public something thats a part of the public domain information that has been disclosed by a third party to the recipient without the recipient having uh either asked for that information or there having been an obligation on the third party to maintain the confidentiality of that information as well as information that the recipient develops on his or her own and can prove that that recipient developed that without needing to resort to or using any of the information that was given to the recipient by the disclosure so a well-drafted nda or non
