Is nda term length normal in a mutual non-disclosure agreement (nda)?

A 2-5 year term is standard for a mutual NDA, with perpetual protection reserved for trade secrets. A blanket perpetual obligation on all information is impractical to honor and worth negotiating down.

What’s market-standard

2-5 years for ordinary confidential information; perpetual protection limited to trade secrets. The NDA itself often has a shorter 'disclosure period' after which no new information is added.

Warning signs

• Perpetual confidentiality on everything
• 10+ year term with no trade-secret limitation
• No end to the disclosure period
• Survival clause that revives obligations indefinitely

Wording you can send

Confidentiality obligations for Confidential Information survive for three (3) years after disclosure. Obligations with respect to information that qualifies as a trade secret continue for as long as the information remains a trade secret under applicable law.

What it means for you

How long the confidentiality obligation lasts. Very long or perpetual terms on all information (not just trade secrets) are hard to comply with and track.

Not legal advice. Gig Clause is software, not a law firm or a professional service, no attorney reviews, drafts, or is otherwise involved in anything it produces. It automatically highlights common contract issues and suggests negotiation language. Using it does not create an attorney-client relationship. For decisions with significant financial or legal consequences, consult a qualified attorney licensed in your jurisdiction. Clause standards vary by industry and location and change over time.