Can an NDA be broken?
Breaking an NDA usually doesn't result in jail time — as NDAs are civil contracts, not criminal agreements. Typically, the consequence is a breach of contract lawsuit, where the harmed party may seek financial compensation if the court rules in their favor.
Can an NDA be forever?
Confidentiality agreements can run indefinitely, covering the parties' disclosures of confidential information at any time, or can terminate on a certain date or event. Whether or not the overall agreement has a definite term, the parties' nondisclosure obligations can be stated to survive for a set period.
When can an NDA be void?
Furthermore, courts can invalidate an NDA they find to be unconscionable, unreasonable, or against public policy. For example, if the terms of the NDA are too broad, if they unfairly disadvantage one party, or if they go against the public interest, a court may refuse to enforce them.
Can an NDA be revoked?
Some NDAs have clauses that explain how the NDA can be terminated by either side. Read your NDA to see if there is a clause. For example, it might read, “Either party may terminate this nondisclosure agreement by providing written notice to the other party.