In the following example, the concept of agreement refers to the relationship and the secrecy itself, but confidentiality survives the duration of the agreement; Therefore, the duration of confidentiality is the life of the NDA. There are different schools of thought in this regard, but if your confidentiality and confidentiality were to expire at different times, then a certain permanent clause may be the best way to distinguish between the two. A confidentiality agreement (NDA) can be considered unilateral, bilateral or multilateral: when drawing up the agreement, make sure to have open discussions with the other party, which may have already been disclosed before the agreement was signed. In this way, the language of the confidentiality agreement can be very specific. Some jurisdictions do not allow a retroactive date to be added, while others confess them with frowns, and still others are eager to find ways to make them more functional. But backdating (or adding a retroactive date) can be a difficult business, perhaps even more so with NOA agreements because of their nature and content. What is the effective date? In the economy, the car sometimes precedes the horse when it comes to installing an NDA. If your company discloses confidential information without the NDA`s prior approval, ensure that the NDA is retroactive by setting the effective date as the date of first disclosure of confidential information and not as the date of the agreement`s signature. On the other hand, the unseeded agreements do not stop. (Duh.) But that can mean one of two things. Fortunately, most jurisdictions allow contracts, including NOA`s, to be signed retroactively. This is commonly referred to as « retrodatation. » In Britain, NDAs are not only used to protect trade secrets, but are also often used as a condition of a financial settlement to prevent whistleblowers from making public the wrongdoings of their former employers.