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ARTICLE · 14 DECEMBER 2016

Non-Disclosure Agreements (NDA): Expiration Date

A non-disclosure agreement (NDA) could protect a company's confidential and propriety information from misuse following a disclosure to a potential buyer or investor.

United StatesIntellectual Property

A non-disclosure agreement (NDA) could protect a company's confidential and propriety information from misuse following a disclosure to a potential buyer or investor. There are different factors to consider in drafting or reviewing an NDA, and one's perspective should depend on whether the agreement pertains to disclosure or receiving of confidential information.

NDAs can either be one-way or mutual. One-way NDAs are designed for instances where only one party is disclosing confidential information while mutual NDAs involve either individuals or companies that agree to share confidential information with one another to complete a transaction. 

Most NDAs terminate at some point. Parties may agree on a specific term depending on the nature of shared confidential information and on what each party considers valuable to its operations. It is also common for NDAs to be silent when it comes to duration. However, setting an expiration date can be an important term of the

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