Create a Georgia Non-Disclosure Agreement with our customizable template!
A Georgia non-disclosure agreement, also known as a confidentiality agreement, must be carefully drafted to be compliant with Georgia law. The purpose of an NDA is to protect trade secrets and sensitive information from misappropriation by using restrictive covenants.
Georgia non-disclosure agreements cannot have an unreasonable amount of time for most confidential information. However, they can have practically unlimited time limits for trade secrets, such as intellectual property.
Before creating your own NDA or signing one, you should first seek legal advice from a qualified law firm to determine if what you've written or what you're about to sign is truly within your best interest. For those considering signing an NDA, understand that breach of contract is a serious civil and sometimes criminal offense. Inappropriate use of the information can mean that you are ordered to pay expensive fines.
Georgia non-disclosure agreements may stand alone or they may be clauses found inside of an employment agreement as a restrictive covenant.
In Georgia, non-disclosure agreements are regulated by Ga. Code. Ann. § 10-1-760 , et seq. While NDAs are generally supported by law and in the Georgia courts, companies must make an effort to include reasonable time periods, geographical limits, etc.
Additionally, Georgia companies should also use a Georgia non-compete agreement to help protect their information and competitive edge.
Trade secrets are legally defined in Ga. Code. Ann § 10-1-761 as information that may be technical or non-technical including formula, pattern, compilation, program, device, method, technique, drawing, process, financial data, financial plans, product plans, actual or potential customer list, or an actual or potential list of suppliers.
The caveat is that this information may not be general knowledge to the public. This information must also have actual or potential economic value. It must not be easily discovered by others in business. The company creating the non-disclosure agreement must take reasonable steps to keep that information secret.
To create a basic Georgia non-disclosure agreement, you'll need to review Georgia's trade secret laws first. However, there is no substitute for getting legal advice to create a non-disclosure agreement specific to your needs.
Keep in mind that if you choose to create your non-disclosure agreement, your time limit, geographical limit, etc., should be reasonable. For more guidance, please consult an attorney licensed in Georgia.
Include space for the parties to sign and print their names and include their descriptive titles according to the document (Disclosing Party and Receiving Party). Additionally, the parties should list their professional titles and the date they signed the agreement. Each person should receive a copy of the executed document as well.
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