There are limitations to Confidentiality Agreements. For example, an agreement cannot be used to protect against illegal activities such as harassment or discrimination. You also cannot prosecute those who may overhear private company information unknowingly.
Confidentiality Agreement limitations:
Public knowledge. If the shared information is already well-known, it is often no longer considered protected information.
Simple to replicate. If your idea or product is simple to produce without knowing insider company information, the idea may be too simple to protect.
Proof of damage. If you cannot prove that the released information hurt your company, you may not win your case.
Proof of source. You must be able to prove who shared your information.