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A NDA can be terminated by the provider of the confidential information if this is provided for in the non-disclosure agreement. The agreement can also be terminated by mutual consent. Usually a recipient of information can't terminate a non-disclosure agreement, as this would defeat its purpose.

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. Subsequently, if the information becomes public knowledge, an NDA can no longer be enforced.

Draft a mutual rescission and release agreement. Your lawyer can draft the necessary paperwork. A valid rescission agreement should identify the NDA by date and explicitly state that parties mutually agree to rescind the original agreement. Keep a copy of the signed agreement with your records.

What are the penalties for breaking an NDA? 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.

An NDA is a civil contract, so breaking one isn't usually a crime. However, when breaking an NDA also involves the theft of trade secrets, that can be a crime. The federal Economic Espionage Act (EEA) makes it a crime to take, copy, or receive trade secrets without the owner's permission.

No Expiration Dates Likewise, the confidentiality obligations in an NDA should have no expiration date. If an NDA provides that a party must keep information confidential only for some period of time, when that time expires, so does the secrecy of the information.

A nondisclosure agreement (NDA) is a contract between two parties where one, or both, agree to keep some specific information confidential. As with any contract, a nondisclosure agreement can be legally broken or ended.