NDA Contract Benchmarks 2026: Data on Standard NDA Terms

The clearest public 2026 NDA contract benchmarks show that fixed terms dominate: 78% of the NDAs in Common Paper’s dataset had a fixed agreement term, 79% had a fixed confidentiality period, and 75% of fixed confidentiality periods were two years. Separately, TermScout’s 2026 Contract Signals Report found that 38% of enterprise NDAs reviewed in Q1 2026 contained at least one AI-related provision. These figures provide useful comparison points, but they do not make any term appropriate for every transaction.