A Georgia non-disclosure agreement must be carefully drafted in order to be compliant with state law. Georgia non-disclosure agreements cannot have an unreasonable amount of time for most confidential information. However, they can have practically unlimited time restrictions for trade secrets.
In Georgia, non-disclosure agreements are regulated by Ga. Code. Ann. § 10-1-760, et seq.
Trade secrets are legally defined in Ga. Code. Ann § 10-1-761 as information that may be technical or non-technical in nature 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 may not be easily discovered by others in business. The company creating the non-disclosure agreement must take reasonable steps to keep that information secret.
While NDAs are generally supported by law and in the Georgia courts, it’s very important that companies make an effort to include reasonable time restrictions, geographical limits, etc.
Additionally, Georgia companies should also use a Georgia non-compete agreement to help protect their information and competitive edge.