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A Delaware non-disclosure agreement must be carefully worded in order to protect your company's best interests. Having employees sign a Delaware non-disclosure agreement before they are hired is a move that can protect your company's livelihood in the future as long as it is properly written.
Non-disclosure agreements are regulated by Del. Code tit. 6. When writing a Delaware non-disclosure agreement it is important to include a “Choice of Law” clause to limit the NDA to the Delaware court system.
Because the purpose of an NDA is to protect trade secrets, Delaware provides a definition for “trade secrets.” A trade secret is a formula, pattern, compilation, program, device, method, technique, or process that has actual or potential economic value. However, this information cannot be generally known to the public or something that others in the industry could easily come up with. Businesses must also put forth a reasonable effort to keep that information secret.
Delaware non-disclosure agreements are often upheld by the State’s court system. However, it is important that the agreement follows state law and has reasonable limitations within it in regards to time frame, geographical limits, and restrictions created on the signer.
A Delaware NDA is generally used with a Delaware non-compete agreement to help protect the best interests of the business hiring new employees or contractors.