So why don`t all confidentiality agreements have fixed deadlines? While there is some authority (and, according to your author, fundamentally misinterpreted) the thesis that non-disclosure obligations must be proportionate even over time, such a view is clearly not sound because the Confederation is simply no longer enforceable when the underlying case is well known or ceases to be a trade secret, and that such a restriction can therefore never be imposed inappropriately. Given the intrinsically indeterminate lifespan of trade secrets and the practical inability to list certain trade secrets that the worker may know as a result of the employment that followed, the idea that restrictions on use and disclosure should be limited in time is both inappropriate and harsh. So, David, whether it would be useful to remove this term from your confidentiality agreement depends on the type of information protected. But even if the agreement only protects trade secrets, the protection would not last forever. I assume that your agreement does not only cover trade secrets. If so, I`m not sure you`ve received good advice. Of course, this is not the place to start a discussion about what constitutes a trade secret. Second, confidentiality obligations are often part of a broader agreement containing a “duration” provision; The duration of the obligation of confidentiality should be deducted from that `duration` provision. This sometimes requires a hybrid agreement, with the obligation of confidentiality also being of duration: for the duration of this agreement and three years later, Acme will keep the information confidential. But that`s another thing when a contract tries to cover information, like for example.B. Some frequently used exceptions are information that the recipient can prove he had before receiving information from the applicant, information that is known to the public through no fault of the recipient, information whose recipient has the legitimate right to disclose the information, information that was known to the public before the disclosure of the information to the recipient, and information independently produced by the recipient. There is no standard concept, but common privacy conditions can be between 2, 3 and 5 years.
In the workplace, anyone with access to sensitive information (an employee or contractor for a company) often needs to sign a confidentiality agreement to protect against the disclosure of competitive information that could harm the business. The agreement is unilateral (one part is signed), bilateral (both signs) or multilateral when many parties have access to sensitive information. One possibility would be to call certain documents or information and list them as a trade secret for an indefinite period of time in the confidentiality agreement….