The first question is whether the NDA is part of an agreement between an employer and an employee or between two companies. If the NDA is the first, the duration of the NDA should be adjusted to protect only the legitimate business interests of the employer, since many States consider all parts of an employment contract, including an NDA, to be a trade restriction. If the NDA is the last, the NDA may be applicable longer than in an employment contract, as many countries do not consider the NDA to be a trade restriction outside the employment context. However, some states consider all NOAs to be a trade restriction, regardless of the contracting parties, and the duration of an NOA in those countries can therefore be considered a non-competition or non-appeal agreement. Compare this to this clause in a Microsoft agreement in which the 5-year confidentiality period does not begin from the date of the agreement, but from the date on which the disclosure is effective: when signing a confidentiality agreement, the benefits of including a clause (i.e. the end of contractual obligations) depend on the disclosure or obtaining more 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.
An important distinction with confidentiality agreements is that some resign while others do not. While this may not be the clearest answer, the key here is that the term „NOA“ and the „duration“ of the confidentiality obligation are two separate issues that should be clearly addressed and clarified in your agreement. There is no timetable for the duration of a non-disclosure, and the specific timetable depends entirely on the details of the agreement, the preferences of the parties, the relationship between the parties and a number of other factors.