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by whoisjuan 2438 days ago
> no longer under NDA

Do NDAs expire? AFAIK you sign an NDA and you’re bound to respect that forever. Unless the knowledge becomes publicly available.

3 comments

IANAL

I have spoken to a lot of lawyers about contract terms and what I've been told for both NDA and Non-compete style agreements is that they have to have very clearly defined scope to be enforceable.

For a non-compete for example, it requires distance and specific field with a clearly defined time period (that's reasonable).

For an NDA you have to ensure that the covered information is explicitly labeled (which is why people have confidentiality labels in email footers) and that there is a defined time to expiration. An NDA without those two criteria place an undue burden on a person who is not being compensated for their compliance.

Reasonable time period is generally 2 years.

This is typically true of all contract law. "In perpetuity" is not a thing and if it is, it usually nullifies the contract.
I mean, it depends on the language of the NDA.

As a quick example, this random free template I found online[0] uses "5 years".

[0] https://www.docracy.com/1/generic-nda

Question for any lawyers here, do NDA's have any form of "natural expiration" if no explicit expiration date is set?

What happens to them if the company goes out of business?