NDA term length clauses, explained
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.
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.
Red flags
- Perpetual confidentiality on everything
- 10+ year term with no trade-secret limitation
- No end to the disclosure period
- Survival clause that revives obligations indefinitely
Suggested wording
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.
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Review my contractIs this normal in…
- NDA term length in a mutual non-disclosure agreement (nda)?
- NDA term length in a master services agreement (msa)?
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