Confidentiality period - how determine?
Hi! Looking for some community engagement in respect of OneNDA v2.0 (not the M&A).
How do you calculate how long the confidentiality obligation lasts?
“4 How long do my obligations last?
(a) The Receiver's obligations in relation to Confidential Information start on the date
Confidential Information is disclosed and last until the end of the Confidentiality Period.?
Worked example
Parties sign the NDA 1 January 2023
Confidentiality Period is set as 2 years in the variable field
A set of Confidential Information (“Confi.A”) is disclosed on 1 June 2023
A further set of Confidential Information (“Confi.B”) is disclosed on 1 June 205
It’s clear that Confi.A is subject to a confidentiality obligation until 30 May 2025.
Is Confi.B protected (1) 30 May 2025, as it is 2 years from when any Confidential Information was first disclosed or (2) 30 May 2027, as it is 2 years since that Confidential Information was disclosed?
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