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Don't forget the 'nondisclosure period': Most NDAs have a defined period of time during which confidentiality obligations will apply to confidential information. Once the period ends, your information is no longer considered confidential by the other party.

A perpetual non-disclosure agreement never expires whilst a non-disclosure agreement with a stated time limitation ceases to be active past the time period.There are generally two broad types of information that can be protected by a non-disclosure agreement: ordinary confidential information and trade secrets.

Read the Duration clauses. Good NDAs will have two different terms of duration. Read the termination clause. Like any other relationship, business partnerships can come to an early end unexpectedly. Read the Return of Information clause.

Employers must be prepared to terminate any employee who refuses to sign the agreement. If an employer allows even one employee to refuse and remain employed, the agreements signed by the other employees will not be legally binding.

The NDA should generally have an expiration date. The confidentiality obligations should not last any longer than the expected period for which confidentiality is really needed.

A perpetual non-disclosure agreement never expires whilst a non-disclosure agreement with a stated time limitation ceases to be active past the time period.There are generally two broad types of information that can be protected by a non-disclosure agreement: ordinary confidential information and trade secrets.

If you, as a business owner, are using an NDA without a term, you should expect the other party to insert a term in the agreement, often one to three years in length, depending on the nature of the transaction and market conditions.Now, as a compromise, a business owner may decide that a five year term is appropriate.