Setting an unrealistic duration or harsh restrictive terms, like an NDA that lasts a lifetime, can invalidate the agreement. Similarly, having an overly broad agreement that covers information that is not confidential can result in legal complications.
20 CFR § 603.5 - What are the exceptions to the confidentiality requirement? (a) Public domain information. (b) UC appeals records. (c) Individual or employer. (d) Informed consent. (1) Agent—to one who acts for or in the place of an individual or an employer by the authority of that individual or employer if—
A plaintiff can also frequently pursue an injunction as a remedy for breach of an NDA. An injunction is a court order prohibiting the defendant from further disclosing or using the proprietary information or trade secret that was the subject of the NDA.
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.
An NDA could be unenforceable if it is too broad, is not for a defined time period, covers information that is not confidential, or asks for illegal conduct.
An NDA is generally an enforceable contract, and violating it could lead to a lawsuit on a number of grounds. Those who have been victims of an NDA violation should carefully review their options before taking legal action. They may have no choice but to act to protect their business or reputation.
A lawyer can help you determine if your NDA can be challenged. Determine if your content is “public domain.” If the content your NDA covers is now known by the public, you may be able to make a case to nullify your NDA from any specific issuer.
An NDA could be unenforceable if it is too broad, is not for a defined time period, covers information that is not confidential, or asks for illegal conduct.
Legal recourse is possible for a violated NDA Non-disclosure agreements are a legal contract. If broken, the aggrieved party can take legal action; they should spell out what will happen if breached.