Most of the agreements I see (if they have a duration) have a period of two to five years. But your NDA must also say that even if the term is over, the party that made the legend does not waive any other rights it may have under copyright, patents or other intellectual property laws. One option would be to consult certain documents or information and characterize them as trade secrets in the confidentiality agreement. Obligations on all other disclosed information could then be deferred. The list of information with permanent protection could be added by agreement or by passage, depending on the circumstances of the agreement. So if you accept a clause, what is reasonable? Well, it really depends on the industry you are in and the nature of the information being provided. In some companies, a few years may be acceptable, because technology can change so quickly that information has no value. „term” can mean either the length of the relationship or the duration of confidentiality, which are not necessarily the same. These agreements, which are used between start-ups, individuals, small and medium-sized enterprises (SMEs) and large companies trying to establish a new business relationship or partnership between them, can be used to preserve the confidentiality of value disclosures and prevent the misuse of this information.
Confidentiality agreements may last indefinitely and cover the disclosure of confidential information by the parties at any time or end at a given date or event. What can become confusing, and where you need to design your language carefully, is that „term” and „duration” can mean the same thing and sometimes be used interchangeably. As a general rule, disclosure parties strive to ensure that recipients are required to enter into downstream confidentiality agreements with third parties authorized to disclose confidential information at a later date. In these cases, either the recipient or the custodian of the disclosure may prefer that these third parties enter into separate confidentiality agreements directly with the custodian. The NOA may also look into the situation in which the recipient of the information is compelled to disclose the information through legal proceedings.