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An Iowa non-disclosure agreement (NDA), or confidentiality agreement, must meet certain requirements to be legally enforceable. Iowa non-disclosure agreements must be realistic in scope, must be thoroughly defined, must only be as broad as necessary, and must be specific.
NDAs are commonly used to protect sensitive information such as intellectual property. Before creating an NDA or before signing an NDA, you should seek out legal advice from a qualified law firm.
The State of Iowa has specific laws that regulate the use of NDAs: IA Code § 550 (through 2013) .
In addition to regulating NDAs and defining trade secrets, IA Code § 550 (through 2013) also outlines the type of damages a business may be entitled to receive if an employee or contractor violates the agreement. It also discusses how secrecy should be preserved as well as the statute of limitations .
Iowa businesses using an NDA should also consider the use of an Iowa non-compete agreement to better protect their economic standing as a business.
Since the purpose of this document is to help businesses protect their trade secrets, it’s important for anyone using this document to understand how the term “trade secrets” is defined.
According to IA Code § 550.2 (through 2013) , a trade secret is defined as information such as a formula, pattern, compilation, program, device, method, technique, or process that isn’t known to the general public and isn’t easily discernible to others in business. This information must also carry its own potential or actual economic value. The business must take reasonable measures to keep that information private.
To write a basic Iowa non-disclosure agreement template, first review Iowa trade secret law. However, this is no substitute for qualified legal advice. Legal advice can be crucial to ensuring that your unilateral NDA can stand up in court. You can save your template in Microsoft Word (.docx) for easy editing.
Finally, include space for the parties to print and sign their names and list their roles within the document (Disclosing Party and Receiving Party) as well as the date they signed the document. Each party should receive a copy of the executed document for their records.
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