Is a non-disclosure agreement only validuntil the information goes public?
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Is a non-disclosure agreement only validuntil the information goes public?
I have developed software product for other company under NDA. Can I declare publicly that I am developer of the product after the product is launched publicly?
Asked on November 12, 2011 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First, there is no general answer: the specific terms of the non-disclosure agreement will govern, so you need to reference the agreement's exact language.
That said, it is common for NDA's to provide that the non-disclosure obligation only lasts until the information otherwise becomes public...BUT the key issue is *what* information becomes public. Say the NDA states that you cannot disclose that you are the developer of the software; in that case, it would only when the identify of the developer (not just the existence of the software)otherwise becomes public that the non-disclosure obligation in regard to your role in development would lapse.
So again, you need to check exactly what you agreed to not disclose.
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