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NDA says everything you learn is confidential forever? Spot the overbroad wording and use a fair clause with standard exceptions and an end date.
The Employee shall keep confidential all information learned during employment, in any form, forever, including general skills, knowledge and know-how.
Confidentiality should protect trade secrets and client data, not your general skills. A clause with no end date and no exceptions can block you from doing similar work. Standard exceptions cover public information, things you already knew and information you must disclose by law. This is general information, not legal advice.
Confidential Information excludes information that is public, already known to the Employee, independently developed, or required by law to be disclosed, and the Employee's general skills and experience.
Hi [HR Name],
Could the confidentiality clause exclude public information, my prior knowledge and general skills, and set an end date such as 3 years after exit for non-trade-secret information? Thanks, [Your Name]
A fair NDA protects specific confidential information, not your general skills. Overbroad wording can be challenged.
Trade secrets can be protected longer, but ordinary information usually has an end date.
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