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An NDA should be reasonable and specific about what's considered confidential and non-confidential. Language that is too broad, unreasonable or onerous can void an agreement. Courts will also challenge or invalidate agreements that are overly expansive, oppressive or try to cover non-confidential information.

3. NDA Confidentiality Obligationsnot share the information with any third party;treat the confidential information using the same care and respect as the party sharing the information;only use the information for the purpose provided;More items...?Jan 21, 2020

Confidential Information which is disclosed in writing shall be clearly marked by the legend Confidential Information or a similar designation.

The simple and correct answer is yes. An NDA is a type of contract. ALL civil contracts without exception are subordinate to the law. It is illegal to try to enforce a contract that violates or causes someone to violate the law.

Since NDAs are civil contracts, breaking one isn't technically a crime. However, it could come with severe financial penalties. Violating an NDA leaves you open to lawsuits from your employer, and you could be required to pay financial damages and possibly associated legal costs.

However, a NDA will not protect information that becomes publicly available,confidential information a party discovers through legal independent means, information that a party deems not confidential, nor any information ordered disclosed due to a court order.

NDAs, or non-disclosure agreements, are legally enforceable contracts that create a confidential relationship between a person who has sensitive information and a person who will gain access to that information. A confidential relationship means one or both parties has a duty not to share that information.