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A Connecticut non-disclosure agreement, also known as a confidentiality agreement, must be specifically worded to be enforceable if a legal dispute takes place. A Connecticut non-disclosure agreement must clearly define what information, trade secrets, intellectual property, prototypes, etc., are covered.
Before writing an NDA or signing one, you must seek legal advice from a qualified law firm specializing in employment law to ensure that the restrictive covenants used are properly worded. For example, geographic area restrictions as well as time limits must be carefully considered and worded to ensure that they are enforceable. As a former employer, you may have a difficult time in court if a judge believes that your NDA is making it practically impossible for your former employee to find a job in their previous field.
Often, these agreements are found as clauses in employment contracts. They are also paired with carefully worded non-competition agreements to ensure maximum protection.
Connecticut non-disclosure agreements are governed by the Uniform Trade Secrets Act, Conn. Gen. Stat. 625 § 35 . Connecticut non-disclosure agreements cannot be overly broad. While it may not be overly broad to create a geographic area of Norwalk, New London, Bridgeport, Fairfield County or other locations near your general location, it could be considered overly broad if you were to try to extend your NDA throughout the entire state of Connecticut or to New York.
So, again, before you create a non-disclosure agreement for your company, it is best to establish an attorney-client relationship and get legal advice before you create this document. They are most effective when used with a reasonable Connecticut non-compete agreement .
The purpose of an NDA is to protect business or trade secrets. Under the Uniform Trade Secrets Act in Connecticut, a “trade secret” is defined as information of some kind (such as a formula, pattern, compilation, program, device, method, technique, process, drawing, or customer list that has its own potential or actual value. This information may not be easily found out by the public or by others in the industry. The business that considers the information a trade secret must take reasonable efforts to make sure that information remains secret.
To create a basic Connecticut non-disclosure agreement, you'll first need to review the law. Because Connecticut law is very restrictive in how NDAs may be drafted, there is simply no substitute for getting legal advice about drafting a properly written NDA for your specific needs.
Finally, include space for the parties to sign and print their names and to print their titles according to the document (Disclosing Party and Receiving Party), their professional titles, and the date they signed the document. Then, each party should receive a copy of the document for their records.
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