Yolanda Benedito | Confidentiality Agreement Indefinite Period
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Confidentiality Agreement Indefinite Period

Confidentiality Agreement Indefinite Period

When it comes to ensuring that your non-disclosure is maintained in a legal challenge, the scope of the agreement is extremely important in helping the courts determine whether the terms of your confidentiality agreement are appropriate or not. To indicate the duration of a commitment, you have two options. You could incorporate it into the commitment: Acme will keep the information confidential for three years. Alternatively, you can omit any indication of the duration of the commitment and instead indicate the duration (or «duration») of the entire contract. If you only want to disclose trade secrets, it would be reasonable to include a clause requiring permanent confidentiality. In common law countries such as New Zealand, Australia and England, it is normal for confidentiality agreements that continue to apply to information as long as it remains confidential. In principle, this is consistent with the protection afforded to confidential information under fair rules on breaches of trust rights. If the information can remain confidential forever, it should be properly protected. Instead, you can create two separate chords. A confidentiality agreement for your trade secrets and another non-compete agreement. In this way, even if your foreign agreement is cancelled, the confidentiality of your business secrets will not automatically be cancelled.

The industry is in favour of the previous approach, but I can imagine two reasons for determining the duration of the agreement. Second, confidentiality obligations are often part of a broader agreement with a «term» provision; The duration of the duty of confidentiality should be abolished. This sometimes requires a hybrid agreement, the obligation of secrecy is also related to the duration: for the duration of the agreement and three years after, Acme keeps the information confidential. Many clients, particularly those based in the United States, ask us for confidentiality agreements that include a time limit on confidentiality obligations (usually three to five years). Delays are particularly common in the technology sector, where technology tends to move and develop faster.

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