It is important to note, however, that the receiving party is most likely still bound by any obligation of confidentiality for the information already received, depending, of course, on the confidentiality period indicated in the NDA. Another point is the date when the confidentiality period should begin. Another very important consideration for confidentiality agreements is the period for which they must be applicable. In this agreement, the effective date of the agreement is the date on which the parties execute the agreement. However, the receiving party must remain confidential five years after the expiry date of the agreement. There is a difference between a time limit on the agreement itself and a time limit for the publication date. If a time limitation applies to the agreement itself, it means that the watch begins to rotate from the date of the agreement, not from the time the disclosure takes place. Good NDAs have two different deadlines. First, a duration for the NDA itself, which is the actual deadline for the agreement during which the two parties remain in a contractual relationship.
The case shows how partnerships and potential agreements can come to a brutal and unexpected end and how prepared you are to deal with the disadvantages and benefits. A good NOA should have a clause in how to terminate the agreement. KFC operates in the same way in disguise and only a handful of employees know its secret recipe for “11 herbs and spices” and all of these employees are said to have signed confidentiality promises. In this clause, the confidentiality clock does not begin to function until the date of disclosure. I have structured The Koncision Automated Privacy Agreement Model so that you (1) have a period during which one party provides the other party with confidential information or (2) a subsequent period during which a party who received information during that first period must keep it confidential. The NDA agreements do not work in China, but the NNN agreements respect such a juicy confidentiality obligation that seems to benefit the party making the disclosure, but if no business secrets are involved, it may backfire because a court may find that the undertaking is too restrictive and invalidates it. As mentioned above, it is important that you consider the jurisdiction of your confidentiality agreement, as the courts may make different interpretations of the terms of the agreement. Instead, you can create two separate chords. A confidentiality agreement for your trade secrets and another non-compete agreement.
In this way, even if your foreign agreement is cancelled, the confidentiality of your business secrets will not automatically be cancelled.