The period is often a matter of negotiation. You, as a revealing party, generally want an open period without borders; recipients want a short period of time. With respect to personnel and subcontracts, the term is often unlimited or ends only when trade secrecy is made public. Five years is a common term in confidentiality agreements that involve trade and product negotiations, although many companies insist on two or three years. Courts in several jurisdictions have a different view of accepting indeterminate NOA agreements and clauses, but in general, courts accept more indeterminate agreements and clauses when the information to be protected is a trade secret. Chemical, mechanical and manufacturing processes are generally protected by confidentiality agreements. Examples include the manufacture of chocolate powder, chickenpox vaccine or marble imaging frames. If you forget to require a recipient party to sign an NDA agreement and the recipient party then discloses your confidential information, all other NOA agreements you have signed with former recipients covering the same information cannot be applied. Your relationship with the receiving party is usually defined by the agreement you sign.
For example, an employment, licensing or investment agreement. For a stranger, it may seem like you have a different relationship, for example. B a partnership or joint venture. It is possible that an unscrupulous company will try to take advantage of this appearance and make a third-party deal. In other words, the receiving party can claim to be your partner to gain an advantage from a distributor or a sub-licensed. In order to avoid liability for such a situation, most agreements contain a provision such as this, which excludes any provision other than that defined in the agreement. We recommend that you include such a provision and ensure that it is adapted to the agreement. If you use it z.B in an employment contract, remove the reference to employees. If you use it in a partnership agreement, you insert the reference to partners, etc.
PandaTip: You can add concrete examples of confidential information you want to protect. For example, if you want to protect yourself from software code disclosure, you can add “software code” to the list.