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. There are legal and commercial justifications for including delays in confidentiality agreements. You can opt for an act and not an agreement, because it does not require consideration. This is a legally binding clause, which means that both parties would get something out of the transaction. These include all benefits or allowances. 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. 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. However, it is clear that the blind adoption of time-bound privacy agreements is not a good idea for your most valuable business secrets. You can also use a confidentiality agreement in your workplace if one of your employees has access to a lot of confidential information and you want to make sure the information remains confidential. Other jurisdictions also impose limits on the timing of the application of confidentiality obligations. Thus, the Australian High Court has decided that confidentiality agreements with unlimited trust obligations are not applicable without it being clear that the trust obligations no longer apply to information that is made public. Compare this to this clause of a Microsoft agreement in which the 5-year confidentiality period does not begin from the date of the agreement, but from the date on which disclosure is effective: why do not all confidentiality agreements have firm terms? A confidentiality agreement is a legal document used to ensure that the parties you work with keep all the information with which you disclose secret. In general, it will indicate a period during which both parties should keep this information confidential. The agreement should continue to contain reservations that information made public without the fault of the parties is no longer protected by the agreement.
NOA agreements do not work in China, but the NNN agreements make the legal justification is that some U.S. states (e.g., Kansas, Illinois and Virginia) will not impose an unlimited obligation to hold information that is not a trade secret. In these states, the courts would not read the duty of confidentiality; They would not impose it at all. This rule applies only to general confidential information and not to trade secrets.