An employment contract is an excellent example of a unilateral NDA. When an employee is hired, they sign a unilateral NDA agreeing not to share information learned on the job.
Most NDAs define a specific duration for keeping information confidential, often a set number of years. Agreements with indefinite terms typically specify when protections cease. NDAs usually last between one and five years, but this can vary based on the transaction or market conditions.
7 Key elements to a non-disclosure agreement Identification of involved parties. Definition of the confidential information. Information ownership. Exclusions not considered confidential. Obligations and requirements of the involved parties. Effective agreement period. Consequences of a breach.
The amendments expanded restrictions on the use of nondisclosure provisions (“NDAs”) in certain workplace settlement agreements. These amendments, which took effect on November 17, 2023, apply to all agreements entered into after that date.
In New York, the confidentiality obligations are finite. Open-ended NDAs are generally not enforceable in New York. Your agreement should provide a specific time period the obligation lasts, such as during the course of employment or a short period thereafter.
Most NDAs last for as long as the agreement states in its terms, and can be for as long as the parties agree. This is particularly important for trade secrets, which have no registration-type protections and can only be protected for as long as they are kept secret.
Term of agreement and survival of nondisclosure obligations Survival periods of one to five years are typical. The term often depends on the type of information involved and how quickly the information changes.
Before signing an NDA, look out for seven crucial red flags that could limit your freedom or expose you to risks, including broad definitions of confidential information, indefinite duration, lack of mutuality, restrictive non-compete clauses, absence of provisions for legal disclosures, unclear remedies for breach, ...
To create an NDA simply and quickly, use a pre-existing non-disclosure agreement template like the pre-approved templates from . You should simply: Log in to and choose the NDA Template. Edit the template to include a description of the confidential information and the scope of the agreement.