Create a Nevada Non-Disclosure Agreement with our customizable template!
A Nevada non-disclosure agreement (NDA) is known as a confidentiality agreement. Sometimes, Nevada non-disclosure agreements appear as clauses in employee handbooks or employment contracts. They can also exist as a standalone legal document.
The purpose of a Nevada non-disclosure agreement is to protect legitimate business secrets. While they are used in standard practice, it is important for businesses as well as new employees and independent contractors to first obtain legal advice to ensure that the document adheres to Nevada law.
Nevada’s Uniform Trade Secrets Act, NRS 600A.010 through 600A.100 , defines trade secrets as well as governs non-disclosure agreements. Nevada’s Uniform Trade Secrets Act also explains that criminal penalties may be assessed for anyone who steals trade secrets, what a business can do if an employee or contractor threatens to or actually violates the NDA , and the steps a business should take to protect the secrecy of confidential information .
Although the Nevada Uniform Trade Secrets Act is quite extensive as far as what may be considered a trade secret, businesses must take every possible step to protect their position in the competitive business environment. To provide an extra level of protection, use an NDA with a Nevada non-compete agreement .
Business secrets are referred to in Nevada's Uniform Trade Secrets Act as “trade secrets.” For information to be considered a trade secret, it must meet the legal definition of the term which is found in NRS 600A.030 . It is information that is a formula, a pattern, a compilation, a program, a device, a method, a technique, a product, a system, a process, a design, a prototype, a procedure, computer programming instruction, or code.
The law is very specific that there is no limitation. This information must have its own actual or potential financial value that comes from the fact that this information isn’t something that is known by or can be used by the public. It also cannot be something so simple that another business could easily discover the same information and use it to their benefit.
A trade secret may not contain information that a manufacturer, a pharmaceutical sales representative, or a pharmacy benefit manager would be required to report. It is imperative that a business claiming a trade secret take reasonable steps to keep that information secret.
To write a basic Nevada non-disclosure agreement, you should first read Nevada's Uniform Trade Secrets Act to understand what is covered and what isn't covered. This will help better prepare you to write your NDA.
However, this is not a substitute for obtaining qualified legal advice from an attorney. An attorney can help ensure that your NDA will protect your trade secrets as well as hold up if going to court becomes a reality.
You can save your template in Microsoft Word (.docx) or even as a Google form for easy editing. Keep in mind, though, that while this will make the NDA easier to edit or access through technology, such as on an iPad, that a wet signature may still be required.
The Disclosing Party and Receiving Party should sign and print their name at the end of the agreement. The signatures should be dated. Both parties should receive a copy of the finalized NDA for their records.
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