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A non-disclosure agreement is a legally binding contract that establishes a confidential relationship. The party or parties signing the agreement agree that sensitive information they may obtain will not be made available to any others. An NDA may also be referred to as a confidentiality agreement.

NDAs are legally enforceable contracts, but they're now coming under increased scrutiny from lawmakers, attorneys and legal experts.In practice, when somebody breaks a non-disclosure agreement, they face the threat of being sued and could be required to pay financial damages and related costs.

A good NDA should have a clause that provides for how the agreement can be terminated. The termination clause should specify: How the intention to terminate should be communicated to the other party (for example, in writing) And whether any notice period is required before termination kicks into effect.

A good NDA should have a clause that provides for how the agreement can be terminated. The termination clause should specify: How the intention to terminate should be communicated to the other party (for example, in writing) And whether any notice period is required before termination kicks into effect.

While NDAs are legally binding, there needs to be a balance of power in order for them to be enforceable. Most NDAs are connected with a severance package or final paycheck. If employee's sign, they forfeit their right to speak out. If they don't, they forfeit their right to receive a severance or final pay.

But legal experts say there's limited case law on whether contracts like NDAs to settle sexual harassment claims can be enforced. In fact, many experts say such agreements could be declared void if a judge determines that enforcing one would essentially violate public policy. For example, a contract related to a crime.

As with any contract, a nondisclosure agreement can be legally broken or ended. For example, the agreement might not be legally enforceable, in which case you can break it because you'll win a lawsuit. Alternately, you might negotiate with the other party to end the agreement early.