How long does an NDA last?

Usually two clocks, not one: a term during which sharing is covered, and a survival period after it during which the secret must still be kept.

Move the clocks

Slide the term and survival period, then move the moment the information was shared. Watch what happens when it’s shared after the term ends.

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The two clocks

Term. The window during which disclosures are covered. Anything shared after it ends isn’t protected by this agreement at all.

Survival. How long the recipient must keep information confidential after the term ends. NDAForge templates use the same number of years for both, which you can change in the generator.

Trade secrets. Information that is kept secret with reasonable measures and gets its value from not being generally known can be a trade secret (the federal definition is at 18 U.S.C. § 1839(3)). Many NDAs, including these, protect trade secrets for as long as they stay secret, because a fixed end date could otherwise hand them over.

Picking a length

  • Fast-moving information (pricing, campaign plans): one to three years.
  • Product and technical information: three to five years.
  • Employees: during employment plus a few years, with the trade secret exception.
  • Formulas, source code, processes: rely on the trade secret exception rather than a very long fixed term.

A template, not legal advice. NDAForge generates standard-form documents from your answers. It is not a law firm and doesn’t review your situation. Laws differ by state and country; for high-value deals, employment matters or anything unusual, have a licensed attorney review the agreement before anyone signs.

Frequently asked questions

Do NDAs expire?

Most do. A typical commercial NDA has a term (the window in which disclosures are covered) and a survival period after it ends. Once both have run, the duty ends, except that many NDAs keep trade secrets protected for as long as they remain secret.

What is a typical NDA length?

For ordinary business information, two to five years is common in practice. Employee confidentiality duties often run for several years after employment. There is no single legal standard; what’s reasonable depends on how long the information stays valuable.

Can an NDA last forever?

Perpetual terms are more defensible for genuine trade secrets than for ordinary business information. Some courts view indefinite restrictions on non-trade-secret information skeptically, which is why templates usually set a fixed period with a trade secret exception.

What if the NDA doesn’t say how long it lasts?

Then the answer depends on the governing law and how a court reads the contract. Avoid the uncertainty by stating a term.