with a non-mutual nda, which is also referred to as a unilateral nda, only one side shares information, and the recipient of that information is bound to confidentiality. business transaction: an nda for a business purchase or business sale is used when the seller will disclose information (this may also include financial information, customer lists, and pricing) about the business before the sale is finalized. parties to the agreement: who is disclosing the private information (i.e. if any information shared between the two parties is publicly available, that information is automatically excluded from the agreement.