Another risk of disclosure of trade secrets as part of a temporary secret is that U.S. courts have found that this could result in the loss of the protection of trade secrets as a whole. Disclosure of trade secrets under nothing less than a permanent obligation of secrecy could not be summed up as reasonable efforts to preserve the secrecy of trade secrets, and the protection of trade secrets could be lost, even if the secrecy of the business has not been made public. NOA agreements do not work in China, but NNN agreements have a significant differentiation with confidentiality agreements is that some terminate while others do not stop. When it comes to ensuring that your non-disclosure is maintained in a legal challenge, the scope of the agreement is extremely important in helping the courts determine whether the terms of your confidentiality agreement are appropriate or not. When signing a confidentiality agreement, the benefits of including a clause (i.e. the end of contractual obligations) depend on disclosure or obtaining confidential information. If you are the revealing party, you want to ensure that your confidential information remains confidential and that there are no potential unauthorized disclosures. This means that you want to protect the privacy of this information for as long as possible.
If you are the party that receives you, you want to limit your obligations in the agreement, which includes the information you must keep confidential and the length of time you must keep it confidential. This puts the parties in a certain dilemma, in which a permanent obligation of secrecy may not be applicable and is not accepted by large corporations, but the disclosure of trade secrets as part of a time-limited confidentiality obligation threatens the loss of the protection of trade secrets or the loss of the protection of disclosed confidential information. Although this alternative seems to easily address the issues mentioned above, the use of this alternative in a state that imposes a permanent duty of confidentiality for all confidential information can be a major drawback. Namely, if a breach of confidentiality occurs after the shorter period has expired, the discloser will be responsible for enforcing the agreement to find that the contentious information is a trade secret.