No. Funded work should generally not take place under the scope of an NDA; this is better addressed under Sponsored Research or Sponsored Services Agreements which contain language of their own to handle the exchange of confidential information during the project. NDAs can restrict the investigator's ability to publish or otherwise disseminate the research results; the University may also lose its ability to claim a fundamental research exemption from US Federal Export Control regulations if research results are restricted from dissemination.
Use a "bilateral" or two-way NDA when both you and the other party to the agreement exchange confidential information that should not be disclosed to third parties. Use a “unilateral” NDA when only one party is disclosing confidential information and the other party is receiving that information.
Sponsored Programs Administration (SPA) signs Sponsored Research or Sponsored Services Agreements which contain language of their own to handle the exchange of confidential information during the project. The Director of Contracts and Export Controls signs most other NDAs that relate to research activities, but other University offices sign NDAs that pertain to their specific functional areas.
In general, faculty are not authorized to sign a contract on behalf of the University, doing so puts them in a position of potentially being held personally (and solely) responsible for any legal or business issues related to the agreement. Having the University sign on behalf of the PI is the preferable way to proceed. Although faculty might not sign NDAs, they are bound to the confidentiality requirements therein by Section F of USNH’s Code of Ethical Conduct.
You should consider the need for such an agreement any time you are disclosing information that is not generally available to the public, and which you wish to limit the other party's use or dissemination of. Examples might be sharing unpublished research, or a potentially patentable idea with a colleague outside the University in the context of collaborating on a potential grant/contract proposal.
No. An NDA should typically only allow use of provided information for evaluation purposes. The actual conduct of the project should be covered in a separate agreement, like a Sponsored Research Agreement or a Sponsored Services Agreement.
Maybe. It’s always a good idea to understand expectations outlined in the NDA regarding “need to know.” Some agreements limit access strictly to the technical point of contact referenced in the agreement --usually the PI. A good rule of thumb to protect yourself and the University is to understand your Agreement and, even if a release is permitted, to limit access as much as possible.
Yes. However, UNH generally asks that information disclosed under an NDA be subject to only low-level control, i.e., EAR99. Anything subject to more stringent controls may require special handling and access controls and should only be accepted with the review and approval of UNH’s export compliance staff.
