Duration of confidentiality

The "Duration of Confidentiality" clause specifies the time period during which parties involved are obligated to maintain the confidentiality of the disclosed information. This period may extend beyond the termination of the agreement, ensuring continued protection of proprietary information for a defined duration or indefinitely.

11 Duration of confidentiality examples

  • Description
    Duration of Confidentiality Obligations. Employee understands and acknowledges that Employee’s obligations under this Agreement with regard to any particular Confidential Information shall commence immediately upon Employee first having access to such Confidential Information (whether before or after Employee begins employment by Company) and shall continue during and after Employee’s employment by Company until such time as such Confidential Information has become public knowledge or generally known in Company’s industry other than as a result of Employee’s breach of this Agreement or breach by those acting in concert with the Employee or on the Employee’s behalf.
    Document
    COMPASS MINERALS INTERNATIONAL INC (CMP)
  • Description
    Duration of Confidentiality Obligations. You understand and acknowledge that your obligations under your Confidentiality Agreement with regard to any particular Confidential Information continue during and after your employment by the Company until such time as such Confidential Information has become public knowledge other than as a result of your breach of this Agreement or breach by those acting in concert with you or on your behalf.
    Document
    Adverum Biotechnologies, Inc. (ADVM)
  • Description
    Duration of Confidentiality Obligation: Each Receiving Party shall maintain the confidentiality and refrain from use of the Confidential Information for a period of two years following the termination or expiration of this Agreement, unless a longer duration is stipulated by applicable law or agreed upon by both parties.
    Document
    Tidal Commodities Trust I (DEFI)
  • Description
    Duration of Confidentiality. Each Party shall, during the term of this Agreement and for a period of three (3) years after the termination hereof, protect the unauthorized use or distribution of Confidential Information and shall use at least the same degree of care to prevent the disclosure of Confidential Information as each Party uses to protect its own Confidential Information. Each Party agrees not to disclose or permit any third-party access to the Confidential Information, except as such disclosure or access is necessary to perform the Services and only then if the recipient of such Confidential Information is bound by confidentiality obligations at least as protective as those contained herein.
    Document
    RENAVOTIO, INC.
  • Description
    Duration of Confidentiality Obligation. The obligation to maintain the confidentiality of Confidential Information will expire at the earlier of the date when the information is no longer Confidential Information as defined in Paragraph 2.4 or five (5) years after the expiration or termination date of this CRADA. Collaborator may request an extension to this term when necessary to protect Confidential Information relating to products not yet commercialized.
    Document
    Scopus Biopharma Inc. (SCPS)
  • Description
    Duration of Confidentiality Obligations. The obligation to maintain the confidentiality of Confidential Information will expire at the earlier of the date when the information is no longer Confidential Information as defined in Article 2 or [**] after the expiration or termination date of this CRADA. The Parties may negotiate a separate agreement at the end of this period to extend the confidentiality obligation for specific information. The Parties agree not to disclose CRADA Data and descriptions of CRADA Materials until they are made publicly available in accordance with this Article 4. This term does not apply to ISI, for which the obligation to maintain confidentiality will extend indefinitely, per Section 6.2.
    Document
    Dare Bioscience, Inc. (DARE)
  • Description
    Duration of Confidentiality Obligations. Notwithstanding the expiration or termination of this Agreement, the parties’ respective confidentiality obligations will continue in effect for [***] after the expiration or termination of this Agreement.
    Document
    Sensei Biotherapeutics, Inc. (SNSE)
  • Description
    Duration of Confidentiality Obligations. Employee understands and acknowledges that Employee’s obligations under this Agreement with regard to any particular Confidential Information shall continue so long as the information protected remains confidential in nature, and for the maximum amount of time allowed under applicable law.
    Document
    TEAM INC (TISI)
  • Description
    Duration of Confidentiality Obligations. Executive understands and acknowledges that Executive’s obligations under this Agreement regarding Confidential Information begin immediately and shall continue during and after the Employment until the Confidential Information has become public knowledge other than as a result of Executive’s breach of this Agreement or a breach by those acting in concert with Executive or on Executive’s behalf. Executive further understands and agrees that in order for the Company to protect its Confidential Information, the Company may at any time in its sole discretion, either with or without notice, audit and/or review files, materials and documents, computer hardware or software, email or voice message systems that are provided to, utilized by and/or created by Executive in the course of the performance of Executive’s duties under this Agreement (except where prohibited by law) and Executive should have no expectation of privacy with respect to the use of such systems.
    Document
    Nuvo Group Ltd.
  • Description
    Duration of Confidentiality Obligations. The obligations contained in this Clause 13 (Confidentiality) shall last for 3 years following termination of this Agreement or a person ceasing to be Party to this Agreement.
    Document
    Brooge Holdings Ltd (BROG, BROGW)
  • Description
    Confidentiality and Non-Disclosure. (with a duration of confidentiality and non-use obligations as appropriate that is no less than five years from the date of disclosure for advisors, consultants, clinicians, vendors, service providers and contractors).
    Document
    DYADIC INTERNATIONAL INC (DYAI)

What is Duration of Confidentiality?

The “Duration of Confidentiality” refers to the time period during which confidential information must be kept private as stipulated in a contract or agreement. This clause outlines how long the parties involved are obligated to maintain the confidentiality of the shared information after it has been disclosed. It plays a crucial role in protecting sensitive information from unauthorized access or disclosure.

When should I use Duration of Confidentiality?

You should use a “Duration of Confidentiality” clause in any agreement involving the exchange of sensitive or proprietary information. This is particularly important when:

  • Entering into Non-Disclosure Agreements (NDAs) with employees, contractors, or business partners.
  • Engaging in mergers and acquisitions where sensitive financial and operational data is exchanged.
  • Collaborating on research, development, or any joint venture that requires sharing proprietary technology or trade secrets.
  • Licensing agreements where proprietary product information might be shared.

How do I write Duration of Confidentiality?

When writing a “Duration of Confidentiality” clause, ensure that it clearly defines:

  • Commencement: When the confidentiality obligation begins (usually upon execution of the agreement or upon receipt of the confidential information).
  • Expiration: The period after the termination or completion of the agreement during which confidentiality must be maintained—this could be a set number of years or indefinitely.
  • Exceptions: Any conditions under which confidentiality obligations may be lifted, including mutual consent or information becoming public knowledge through no fault of the receiving party.

Example:

“The Receiving Party agrees to maintain the confidentiality of the Disclosing Party’s Proprietary Information for a period of five (5) years from the date of disclosure, unless such information becomes publicly available through no fault of the Receiving Party or as required by law.”

Which contracts typically contain Duration of Confidentiality?

The “Duration of Confidentiality” clause is commonly found in various types of contracts and agreements, including but not limited to:

  • Non-Disclosure Agreements (NDAs): Explicitly set out the expectations regarding the handling of confidential information.
  • Employment Contracts: Often contain confidentiality clauses to protect company secrets and intellectual property.
  • Consulting Agreements: Include confidentiality obligations to safeguard client information.
  • Partnership and Joint Venture Agreements: Ensure any shared information remains protected.
  • Technology Transfer and Licensing Agreements: Protect the transfer of proprietary technology between parties.

By properly utilizing and drafting a “Duration of Confidentiality” clause, parties can safeguard sensitive information and maintain trust in their business relationships.

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