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Whether or not the overall agreement has a definite term, the parties' nondisclosure obligations can be stated to survive for a set period. 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.
No, you are not obligated to sign a non-disclosure agreement presented to you by your employer. However, your employer can terminate your employment if you don't sign the NDA.
To enforce a non-disclosure agreement, the employer seeking enforcement must demonstrate that the information at issue qualifies as trade secret or confidential information. The NDA should specify the exchange and type of confidential information that cannot be disclosed.
Term of agreement and survival of nondisclosure obligations Confidentiality agreements can run indefinitely, covering the parties' disclosures of confidential information at any time, or can terminate on a certain date or event.
An NDA doesn't have to expire, as it can last indefinitely.
The company or person that the NDA violation has damaged has the ability to seek legal remedy in a civil court. This could include being sued for breach of contract, but also potentially for the following, depending on the circumstances: Copyright infringement. Breach of fiduciary responsibility.
No Expiration Dates So long as they are kept secret, trade secrets do not expire. Likewise, the confidentiality obligations in an NDA should have no expiration date.
An employee confidentiality agreement, or non-disclosure agreement or an ?NDA,? makes it crystal clear to an employee that he or she cannot under any circumstance, with the exception of prior written approval, disclose company secrets.