The authors conclude: "If an NDA has a marking requirement...a procedure to discuss and fix procedural errors should be instituted to prevent accidental disclosure of confidential information." Read the article here.

Take away:

• If the NDA has a marking requirement, it is most important to understand the procedures for marking, and to implement them. If the procedures are not followed, the NDA may not protect those pieces of confidential information since the mark is what determines if that document was confidential.