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Usually, an NDA and the need to keep information confidential can last forever ? but that isn't always the case. There usually is a definite point and end to the confidentiality, especially when it has been quite some time since the information has been relevant or even used.

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.

Does an NDA have to expire? An NDA doesn't have to expire, as it can last indefinitely.

For example, a company contemplating a merger or joint venture with another company may enter into a mutual nondisclosure agreement. This way, they're both able to share private company information without fear of it being used against them.

Confidentiality agreements can run indefinitely, covering the parties' disclosures of confidential information at any time, or can terminate on a certain date or event. Whether or not the overall agreement has a definite term, the parties' nondisclosure obligations can be stated to survive for a set period.

So long as they are kept secret, trade secrets do not expire. Likewise, the confidentiality obligations in an NDA should have no expiration date. If an NDA provides that a party must keep information confidential only for some period of time, when that time expires, so does the secrecy of the information.

Employees are often required to sign NDAs to protect an employer's confidential business information. An NDA may also be referred to as a confidentiality agreement. There are two primary types of non-disclosure agreements: mutual and non-mutual non-disclosure agreements.