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One option to get out of an NDA is when the contract's term expires. Another possibility is that the contract is terminated in ance with its termination clause. However, in some situations, your legal duties to maintain confidentiality can last for many years.

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.

Due to the Statute of Frauds, an agreement generally must be in writing to be enforceable if it lasts for more than a year. If your NDA was only verbal, you can probably break it after a year.

Mistakes that Invalidate NDA Agreements The Term ?Confidential? is Overly Wide. ... The NDA was Formed by the Wrong Party. ... The Scope is Overly Broad, Inappropriate, or Onerous. ... Information Obtained from a Third Party. ... The Information is Previously known to the Receiving Party or is Available in the Public Domain.

Since NDAs are civil contracts, breaking one isn't technically a crime. However, it could come with severe financial penalties. Violating an NDA leaves you open to lawsuits from your employer, and you could be required to pay financial damages and possibly associated legal costs.

Non-Disclosure agreements that are properly drafted and are intended to protect specific information for a reasonable and identified duration and purpose are more likely to hold up in court than those that are overly vague and intractable.

If an NDA is breached by one party, the other party may seek court action to prevent any further disclosures and may sue the offending party for monetary damages.