An Illinois non-disclosure agreement is used to protect the best interests of a business. An Illinois non-disclosure agreement is commonly signed by new employees as a means to protect business secrets. An Illinois non-disclosure agreement should be carefully worded in order to be upheld in court. These agreements cannot be overly broad.
In the State of Illinois, non-disclosure agreements are regulated by the Illinois Trade Secrets Act, 765 ILCS 1065.
The term “trade secrets” is defined by the Illinois Trade Secrets Act as information that includes, but isn’t limited to, data that may be technical or non-technical, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, or a list of potential or actual clients or suppliers. This information must be kept secret using reasonable methods by the company creating the NDA. The information must also have actual or potential economic value. The information may not be available to the general public or something easily discerned by other industry professionals.
Under the Illinois Trade Secrets Act, a non-disclosure agreement must set a time limit and a geographical limit that are considered reasonable. The restrictions must also be considered reasonable.
Illinois companies interested in using an NDA to protect their business should also use an Illinois noncompete agreement for maximum protection.