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An Idaho non-disclosure agreement lists information that should not be told to the public, competitors, or businesses by your employees or contractors. An Idaho non-disclosure agreement may be legally binding under state law, but should always be written in a reasonable manner.
Non-disclosure agreements are subject to the Idaho Trade Secrets Act (ID Code § 48-801, et seq) .
An Idaho non-disclosure agreement, also known as a confidentiality agreement, is used to protect the trade secrets of a business.
It is important to understand the definition of “trade secret” as it is written in Idaho law. A trade secret is information like a formula, pattern, compilation, computer program, device, method, or technique. It is information that isn’t available to the public. An example would be intellectual property developed for use by the company, such as proprietary software.
A trade secret can’t be something that anyone in the industry could come up with. The information must also have potential or actual economic value. It is very important to make sure that the NDA clearly explains the trade secret(s) covered by the document.
Before drafting the Idaho non-disclosure agreement or signing it, you should first seek legal advice from a qualified law firm. Doing so will help ensure that your business is properly protected and that your NDA will stand up in court should that become necessary. If you are asked to sign an NDA, seeking legal advice before doing so can educate you on whether signing the document is in your best interest or could damage your ability to find work in your industry or profession once you part ways.
To protect the NDA, it is imperative that it complies with Idaho Code Trade Secret Act as well as contain reasonable terms, including the time limit, the geographical scope, and the actual restrictions.
Businesses who use an NDA may also benefit from an Idaho non-compete agreement .
To create a basic Idaho non-disclosure agreement, review the Idaho Trade Secrets Act and keep in mind that it should contain a reasonable time limit, geographical scope, other restrictive covenants, as well as clearly explain the trade secrets that are protected by the NDA.
This is not a substitute for legal advice from a qualified Idaho law firm that is experienced in drafting non-disclosure agreements for businesses. We urge you to get proper legal advice to ensure that your NDA is properly drafted. After your NDA is drafted and ready to sign, it can be printed or saved as an Adobe PDF so that it cannot be easily modified by the receiving party.
At the end of an Idaho non-disclosure agreement, there should be a signature line for each party, a place to print each party's name, the printed roles of each party (Disclosing Party and Receiving Party), a line to list each party's professional title, and a space for the date each party signs the document. Each party should receive a copy of the completed document for their records.
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