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Even the most well-written NDA can be invalidated if it's signed by the wrong person. For example, the representative may actually have no authority to bind the company to an NDA, or the company may require multiple people to all give their approval.
You do not need a lawyer to create and sign a non-disclosure agreement. However, if the information you are trying to protect is important enough to warrant an NDA, you may want to have the document reviewed by someone with legal expertise.
There are several reasons why an NDA might be unenforceable, however. If the NDA is too broad, the information under the NDA is not actually confidential, or if the agreement requires the employee to do something illegal.
Confidentiality agreements can run indefinitely, covering the parties' disclosures of confidential information at any time, or can terminate on a certain date or event. Whether or not the overall agreement has a definite term, the parties' nondisclosure obligations can be stated to survive for a set period.
As with any contract, a nondisclosure agreement can be legally broken or ended. For example, the agreement might not be legally enforceable, in which case you can break it because you'll win a lawsuit. Alternately, you might negotiate with the other party to end the agreement early.
There are limitations on what an NDA can conceal. Courts won't enforce confidentiality agreements that prohibit signees from reporting on a crime. They'll also nullify NDAs that don't comply with public policy, or are otherwise unreasonable.
To get out of an NDA, you have to be sure that it is legally binding. For example, you cannot be liable for an NDA that covers up illegal activity by the issuer. A lawyer can help you assess your risks and determine how you should move forward.
This way, the agreement will protect past information, but you can also be accurate in having the date of signing on the agreement. It is not illegal to 'backdate' a Non-Disclosure Agreement, but it is not exactly common practice. However, as long as both you and the other party sign, then it will be effective.