Create a North Carolina Non-Disclosure Agreement with our customizable template!
The goal of a North Carolina non-disclosure agreement (NDA), also known as a confidentiality agreement, is a legal contract used to protect confidential business information. Since a North Carolina non-disclosure agreement may be a legally binding contract, employees and independent contractors should sign the agreement before they begin work for a business.
Examples of the type of information it may be used to protect include, but may not be limited to customer lists, intellectual property, and customer information. It may be a stand-alone contract or part of an employment agreement for new employees.
Before drafting a non-disclosure agreement or signing one presented to you, seek legal advice.
North Carolina’s Trade Secrets Act, NC Gen Stat §§ 66-152 through 66-157 , governs trade secrets as they relate to non-disclosure agreements. North Carolina’s Trade Secrets Protection Act provides civil remedies for misappropriation of trade secrets, including the possibility of punitive damages. The law also explains the evidence that must be provided to meet the burden of proof.
A non-disclosure agreement is just one contract that can be used to protect a business. Businesses should also use a North Carolina non-compete agreement for extra protection.
Confidential business information is referred to as a “trade secret.” NC Gen Stat § 66-152 provides a legal definition for the term. It is business or technical information that includes but isn’t limited to formulas, patterns, programs, devices, compilations of information, methods, techniques, or processes with their own actual or potential monetary value.
A trade secret’s value is developed because it’s not information that the public or other businesses have access to or that they can figure out through their own development or reverse engineering processes. A business must also take reasonable methods to protect the secrecy of that information. Trade secrets may be owned by one or more persons.
To write a basic North Carolina non-disclosure agreement, review North Carolina's Trade Secrets Protection Act. This will help you better understand what is and isn't protected under the law. However, this is no substitute for legal advice.
The Disclosing Party and the Receiving Party should sign and print their names. The signatures should be dated. Each party should receive a copy of the finalized contract for their records.
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