15 Sep Confidentiality Agreement Disclosure Period
The speed with which a given jurisdiction generally handles injunctions for breaches of confidentiality agreements may also be a determining factor in the choice of law applicable to the State. Instead, you can consider creating two separate agreements. A confidentiality agreement for your trade secrets and another non-compete agreement. Even if your competition agreement is cancelled, the confidentiality protection of your trade secrets will not be automatically invalidated. The confidentiality agreement may also limit the use of confidential information by each party. For example, the confidentiality agreement may stipulate that confidential information may only be used to evaluate the applicant`s proceeds and not in the recipient`s activities. When it comes to ensuring that your confidentiality is maintained in the context of a legal challenge, the scope of the agreement is extremely important to help the courts determine whether the terms of your confidentiality agreement are appropriate or not. If you choose to include a non-competition clause, be very careful when setting an indefinite term for your agreement. If only you intend to disclose trade secrets, it would be reasonable for you to include a clause that requires permanent confidentiality. Two other points concerning the confidentiality period must be taken into account.
The period defined as a period of confidentiality can take into account the speed at which technology is changing in the sector. A recipient of confidential information may not be willing to accept a long period of confidentiality if the information is outdated within a much shorter period of time. In addition, where a trade secret is part of the confidential information covered by the agreement, the confidentiality period should be considerably long or indeterminate in order to protect the trade secret status of the information. Another very important consideration in the context of confidentiality agreements is the period for which they are supposed to be applicable. . . .