Create a New York Non-Disclosure Agreement with our customizable template!
A New York non-disclosure agreement (NDA) is also referred to as a confidentiality agreement . A New York non-disclosure agreement unilaterally protects confidential information; that unilateral way must be thoroughly indicated.
A New York NDA must clearly explain what will be considered confidential. A New York non-disclosure agreement should also list the duration of time that the agreement will remain in effect. Trade secrets can have an unlimited time frame in the State of New York.
Before drafting an NDA or signing one offered to you, you should seek legal advice from a law firm.
The non-disclosure and non-compete laws that govern trade secrets are fairly lax when it comes to how long they may last. However, certain laws were recently passed related to the use of non-disclosure agreements stating that they may not be used to prohibit sexual harassment claims.
There are no specific statutes that govern trade secrets. Instead, New York relies on case law as referenced above. Another unique factor in New York is how trade secrets may be protected for an unlimited amount of time.
For added legal protection, businesses can use a New York non-compete agreement .
Although there no statute in New York specifically governs or defines trade secrets, New York courts have held that a trade secret is any “formula, pattern, device or compilation of information which is used in one’s business, and which gives [the business] an opportunity to gain an advantage over competitors who do not know or use it.” Ashland Mgt. v. Janien, 82 N.Y.2d 395, 407 (1993) . The court looks for six specific elements to determine if something is a trade secret:
To write a basic New York non-disclosure agreement, you should first review the basic information provided about New York trade secrets as well as what sorts of claims cannot be covered by an NDA. Additionally, because New York law governs NDAs under the same laws as it uses to govern noncompetes, it is important to get legal advice to ensure that your agreement is properly drafted so that you can be assured of its enforceability.
You can save your template in Microsoft Word (.docx) for easy editing.
Both the Disclosing Party and Receiving Party should sign and print their names. The signatures should be dated. Each party should receive a copy of the finalized document for their records.
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