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A Florida non-disclosure agreement is also referred to as a confidentiality agreement. When it comes to legal documents to protect your business, a Florida non-disclosure agreement is the least restrictive and often easier to enforce through the court when it is properly drafted.
Florida non-disclosure agreements must only be used truly in the best interest of protecting company secrets, such as intellectual property. Before writing an NDA for your business or before signing an NDA offered to you, it is best to seek out legal advice from a Florida law firm that specializes in business law. This can help ensure that your rights are protected.
Florida has a specific act that regulates non-disclosure agreements: Commercial Relations Uniform Trade Secrets Act, Fla. Stat. § 688 (2005) . Although Florida non-disclosure agreements are legal, a court will not uphold it if the restrictions within it are overly broad, including an overly broad time period.
For the best possible protection, Florida businesses often use this form along with a Florida non-compete agreement .
A Florida non-disclosure agreement serves a specific purpose. It protects trade secrets. Florida law defines a “trade secret” as a formula, pattern, compilation, program, device, method, technique, or process that has its own actual or potential economic value. This information cannot be general knowledge. It also cannot be something that a similar business in the industry could easily come up with and use. The company creating the NDA must take reasonable methods to keep that information secret.
To create a basic Florida non-disclosure agreement, you'll need to review Florida laws. However, this is not a substitute for legal advice to truly understand how a well-drafted NDA will affect your business to protect your interests if necessary.
The NDA must also include signature lines for the parties as well as a place for the parties to print their names, include their titles according to the contract (Disclosing Party and Receiving Party), professional titles, and a place for the date each party signed. Finally, each party should receive a copy of the executed contract.
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