A Nebraska non-disclosure agreement is often referred to as a confidentiality agreement. A Nebraska non-disclosure agreement must not include a time restriction that is unreasonable. According to court rulings, a Nebraska non-disclosure agreement cannot list a length of time outside of its 'useful life.' It is important that Nebraska non-disclosure agreements must be thoroughly defined and must only be used to cover that which is truly confidential.
Nebraska’s Trade Secrets Act, Neb. Rev. Stat. §§ 87-501 through 87-507, is used to define confidential information as well as non-disclosure agreements.
A non-disclosure agreement is used to protect confidential information that a business uses to set themselves apart and to make them financially competitive in the industry. The confidential information is called a trade secret. For something to be treated as a trade secret to gain actual protection from the NDA, it must fit the definition of “trade secret” as mentioned in Nebraska’s Trade Secrets Act, Neb. Rev. Stat. § 87-502: information that includes but isn’t limited to a drawing, a formula, a pattern, a compilation, a program, a device, a method, a technique, a code, or a process with its own potential or actual financial value. The information gains financial value because it isn’t readily available for public use. It’s also not something so simple that other businesses could easily figure out and use for their own benefit. For the information to be protected as a trade secret, a business must take reasonable efforts to keep the information secret.
The Nebraska Trade Secrets Act also explains how businesses should preserve the secrecy of the information, the statute of limitations, and possible damages a business may receive if the NDA is violated.
While an NDA is certainly important, it shouldn’t be the only contract a business uses with their new hires and contractors to protect their information. Businesses should also use a Nebraska non-compete agreement.