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In summary, there's no reason why an NDA cannot be terminated if things are no longer working out between the parties. However, this doesn't mean that confidentiality obligations are automatically cancelled upon termination.

In order to minimize the risk of information falling into the wrong hands, make sure to avoid the four common NDA traps below.Typos and Clerical Errors.Poorly Defining "Confidentiality"Not Defining Enforcement and Penalties.Having the Wrong Person Sign.Final Thoughts.May 29, 2018

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.

Requirements for an NDAThe names of the parties to the agreement. A definition of what constitutes confidential information in this case. Any exclusions from confidentiality. A statement of the appropriate uses of the information to be revealed.

An NDA should be reasonable and specific about what's considered confidential and non-confidential. Language that is too broad, unreasonable or onerous can void an agreement. Courts will also challenge or invalidate agreements that are overly expansive, oppressive or try to cover non-confidential information.

It is vital to consider the appropriateness of using an NDA before it is too late and the relevant information has already been disclosed it is much more difficult to retrospectively protect that information once it has been released and to ensure the information does not reach the public domain.

Non-disclosure agreements are governed by contract law. Unlike other areas of the law and subject to a few exceptions, contract law does not provide for penalties. Even a party that willfully and intentionally breaches a contractual obligation will not be punished for it by the court.