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A perpetual non-disclosure agreement never expires whilst a non-disclosure agreement with a stated time limitation ceases to be active past the time period.There are generally two broad types of information that can be protected by a non-disclosure agreement: ordinary confidential information and trade secrets.

An NDA may be valid indefinitely, or for a specific period of time - it depends on the particular terms and the situation. An NDA's strength depends on your ability to enforce it. An NDA doesn't do much by itself if you don't have the resources to remedy/go after breaches (this can be time consuming and expensive).

If you sign an NDA, there are severe financial penalties for breaking it, says Mullin. The costs range from $25,000 to $100,000 or even $750,000 per breach, meaning per individual time you divulged confidential information to someone else.

Read the Duration clauses. Good NDAs will have two different terms of duration. Read the termination clause. Like any other relationship, business partnerships can come to an early end unexpectedly. Read the Return of Information clause.

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.

If someone breaches an NDA, they break a contract, leaving them open to being sued. But if a company thinks the NDA is going to be breached, it can apply for an injunction, as Sir Philip did to prevent his name being circulated by the Daily Telegraph in connection with allegations of racial and sexual harassment.

As with any contract, a nondisclosure agreement can be legally broken or ended. For example, the agreement might not be legally enforceable, in which case you can break it because you'll win a lawsuit. Alternately, you might negotiate with the other party to end the agreement early.