Create a New Hampshire Non-Disclosure Agreement with our customizable template!
A New Hampshire non-disclosure agreement (NDA) is also referred to as a confidentiality agreement. The objective of a New Hampshire non-disclosure agreement is to prevent employees or independent contractors from giving business secrets or trade secrets to the public or competitors. Examples of what they may protect include customer lists and intellectual property.
Generally, an NDA is signed when an offer of employment is made by a business entity. However, because such agreements are legal documents that use restrictive covenants, a business that plans to draft their own NDA or anyone being asked to sign one should first seek legal advice from a law firm that handles employment law matters.
New Hampshire non-disclosure agreements as regulated by the state’s Uniform Trade Secrets Act, NH Rev Stat §§ 350-B:1 through 350-B:9 . New Hampshire’s Uniform Trade Secrets Act also explains how businesses can protect the secrecy of the information and what damages they may be entitled to receive if an employee or contractor violates the NDA.
An NDA is beneficial, but for additional protection, it should be used with a New Hampshire non-competition agreement .
NDAs are used to protect business secrets, but uses the term “trade secrets.” To rely on New Hampshire law to protect business secrets, it’s important to understand the definition as it is used in NH Rev Stat § 350-B:1 : information such as a formula, pattern, compilation, program, device, method, technique, or process with its own potential or actual financial value because the information is something that isn’t generally known by the public or other businesses.
In short, a trade secret is something unique to the business. It also cannot be information that is so basic that another business could easily figure it out on their own and use it to their advantage. Businesses claiming information as a trade secret must take reasonable action to keep that information secret.
To write a basic New Hampshire non-disclosure agreement, you should first review the state's Uniform Trade Secrets Act. This will help you better understand what an NDA will cover.
However, this is not a substitute for qualified legal advice. Getting legal advice will help ensure that your NDA will protect your trade secrets as well as stand up in court against a former employee or independent contractor if necessary.
You can save your template in Microsoft Word (.docx) for easy editing.
Both the Disclosing Party and the Receiving Party should sign and print their names. The signatures should also be dated. The parties should each receive a copy of the completed NDA for their records.
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