Create a Hawaii Non-Disclosure Agreement with our customizable template!
A Hawaii non-disclosure agreement (NDA), also known as a confidentiality agreement, is most commonly used to protect trade secrets and sensitive information such as intellectual property. This means under Hawaii Revised Statutes, the Hawaii non-disclosure agreement would cover formulas, patterns, techniques, and processes that create an economic advantage since they're not known by the public.
Reasonableness is the key to the enforceability of a Hawaii non-disclosure agreement. If it creates an undue hardship on the signing party, it may not be enforced by a court. An NDA may be a document that is part of an employment contract package or it may be a stand-alone contract.
Before writing an NDA or signing one, you should first seek legal advice from a qualified law firm to ensure that it is properly drafted to protect your business or, if you are being asked to sign one, that it is not written in a way that it can damage you.
Hawaii has specific laws that regulate NDAs and trade secrets: Haw. Rev. Stat. § 482B . Hawaii non-disclosure agreements should be reasonable in scope for the signing party when it comes to how long they last, what they restrict, and the involved geographical location.
Non-disclosure agreements are best used with Hawaii non-compete agreements . However, a non-compete agreement may not be used for any business. The law has certain restrictions on the industries or types of employees/contractors that may use this type of agreement.
The definition of “trade secret” can be found in Haw. Rev. Stat. § 482B-2 . It states that a trade secret is information such as a formula, pattern, compilation, program, device, method, technique, or process with an actual or potential economic value because it isn't generally known or used by others who can gain an economic advantage from it. Your business must also take reasonable steps to keep the information protected.
To create a basic Hawaii non-disclosure agreement, first review Hawaii Revised Statutes. Remember that your NDA must be reasonable for the signing party.
There is no substitute for qualified legal advice. We encourage you to seek out the guidance of a law firm before you create your NDA since the purpose of the document is to ensure that it is enforceable if you ever need to go to court.
You can save your NDA in Microsoft Word (.docx) to edit the template for future use.
The NDA needs signature lines as well as space for each party to print their names, their roles (Disclosing or Receiving Party), their professional titles, and a place for the date. When the NDA is finalized, each party should receive a copy of it for their records.
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