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A Confidential Disclosure Agreement [(CDA), also referred to as non-disclosure agreement (NDA) or secrecy agreement, is a legal agreement between a minimum of two parties which outlines information the parties wish to share with one another for certain evaluation purposes, but wish to restrict from wider use and
The purpose of a non-disclosure agreement is twofold: confidentiality and protection. Information protected by a confidentiality agreement can include everything from product specs to client rosters. Business models, test results and even embargoed press releases or product reviews can all be covered by an NDA.
An NDA creates a confidential relationship between the parties, typically to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects non-public business information. Like all contracts, they cannot be enforced if the contracted activities are illegal.
NDAs that prevent people from speaking about any of these acts usually do not hold up in court, even if they are otherwise valid. Similarly, California courts will not enforce an NDA if the information it seeks to protect is already known to the public or is illegal in nature.
As such, periods of confidentiality are typically 2-5 years from disclosure of the Confidential Information. Consequences of a breach. The NDA should spell out the consequences of a partys breach of the NDA. These can include the damages or other compensation for the breach.
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What is a confidentiality agreement? Confidentiality agreements protect parties entering into business relationships or transactions that require the exchange of sensitive, private information otherwise inaccessible to third parties. Confidential information is the heart of any confidentiality agreement.

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