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 10 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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