Q&As

What is the standard length of a non-disclosure agreement? Is there an unreasonable duration?

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Published on: 14 July 2016
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Length of the term of the NDA

In relation to the term of the Non-disclosure agreement (NDA), this will quite simply be the term which is necessary to cover whatever relationship is being carried out commercially between the parties to the NDA who will be making disclosures only during its term—see for example: clause 2.1 of Precedent: Confidentiality Agreement—one-way—pro-discloser.

It is important to note that the length of the ongoing obligation of confidentiality beyond the term of the NDA is different concept to the term of the NDA itself. In answering this Q&A, we have therefore focussed on the Duration of the ongoing confidentiality obligation beyond termination of the NDA itself.

Length of the ongoing obligation of confidentiality beyond the term

In relation to the ongoing obligation of confidentiality beyond the term, by way of example

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Jurisdiction(s):
United Kingdom
Key definition:
Non-disclosure definition
What does Non-disclosure mean?

The failure by an insured to declare a material fact, which would have affected the insurer’s ability to assess the risk, the terms of the policy and/or premium charged.

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