Question
Does confidentiality under an NDA ever expire?
I signed an NDA a while ago for a company I worked for and don't remember the details. Does confidentiality last forever, or is there usually a time limit?
Answer
Confidentiality under an NDA does not always last forever. It depends on what the agreement says.
Many NDAs set a time limit, such as two, three, or five years. After that period, you are usually no longer required to keep the information confidential if it is non-trade-secret information. Trade secrets may still be protected under state or federal trade secret law.
When does confidentiality have a time limit?
Many NDAs include a set confidentiality period. This may start when the information was shared or when the relationship ended. Some NDAs apply one duration to general confidential information and a longer or indefinite period to trade secrets.
Even if you stopped working with the company, the NDA may still apply for the time period listed in the agreement.
Look for sections titled "Term," "Duration," or "Confidentiality Period" to find the timeline.
When can confidentiality last longer?
Some NDAs require longer or even indefinite confidentiality for certain types of information. This often applies to trade secrets.
Trade secrets stay valuable as long as they remain secret, such as formulas, internal processes, or customer data. If the NDA states that trade secrets must be kept confidential indefinitely, that duty may last as long as the information remains a trade secret.
Check the "Survival" section to see which obligations continue after the relationship ends.
What to do next
- Find and review the NDA you signed.
- Check the sections on term, duration, and survival.
- Identify whether trade secrets are covered indefinitely.
- Seek clarification if the timeline is unclear.
What to consider in your specific situation
Whether your NDA still applies may depend on:
- The length of the confidentiality period in the agreement.
- Whether trade secrets are treated differently.
- When the information was disclosed.
- Whether the relationship has officially ended.
- How "confidential information" is defined.
- Whether any exceptions apply.
Understanding these details can help you avoid accidental violations.
Since every situation is different, consider getting tailored information through Rocket Copilot, a Legal Pro, or an NDA review so you can move forward with confidence and clarity.
At Rocket Lawyer, we follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible. This page was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language, then reviewed by experienced Legal Pros—licensed attorneys and paralegals—to ensure legal accuracy.
Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.
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Disclosures
- This page offers general legal information, not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.