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How to recind an NDA?

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Hi Caggers,

I have a company which supports the retail sector and acquired a new customer with a good spend. We agreed as a trade supplier to sign their NDA, although we knew who the end customer was as this contract has been around for a while and i've been privvy to it's supply chain for a number of years prior to our new customer's business.

However, during the first year's trading we had a disaster which we almost didn't recover from, fortunately with lots of hard work and effort we did, however the damage between our two companies was irrepairable and sadly we parted.

Now the last communication with our customer was over 18 months ago and we are looking to have the NDA cancelled as we no longer wish to be bound by its terms etc . . . legally how can we cancel it?

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NDA = Non disclosure agreement? So your contract with your customer included a form of confidentiality clause covering, amongst other things, the identity of the end user?

I think you need a solicitor to review your contract and its NDA/confidentiality clause. If your contract with your customer has now ceased it doesn't automatically mean the NDA/confidentiality clause has. Often they have post-termination effect. You need a legal professional to review the whole contract and advise you.

This is a private contract between two businesses, you and your customer. There is no mechanism for having a B2B confidentiality clause rescinded or unilaterally cancelled by you. You need to establish what the contract actually says before you can decide what to do next.

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