A Kentucky non-disclosure agreement is used to protect confidential information from being given to the public, competitors, or other businesses by your employees or contractors. It is important that Kentucky non-disclosure agreements are drafted to protect actual legitimate business interests, such as trade secrets, in order to be enforceable.
Kentucky non-disclosure agreements are governed by Kentucky’s Uniform Trade Secrets Act, KY Rev Stat §§ 365.880 through 365.993.
Trade secrets are considered a legitimate business interest. As such, they are often the subject of Kentucky non-disclosure agreements. Kentucky’s Uniform Trade Secrets Act provides a definition of what is considered a “trade secret.” A trade secret is information such as a formula, pattern, compilation, program, data, device, method, technique, or process that isn’t public knowledge. It also may not be something that another business could easily come up with. This information must have its own potential or actual monetary value. Businesses claiming that the NDA protects at least one trade secret must take reasonable actions to keep that information secret.
The Kentucky Uniform Trade Secrets Act also explains the damages that a business may be entitled to receive as a matter of law if an employee or contractor violates the agreement as well as provides other valuable information related to NDAs and trade secrets.
In addition to a non-disclosure agreement, businesses may also find it beneficial to use a Kentucky non-compete agreement to improve their ability to protect critical business information.