Create a South Carolina Non-Disclosure Agreement with our customizable template!
A South Carolina non-disclosure agreement (NDA), also known as a confidentiality agreement, is designed to protect confidential business secrets and trade secrets that your employee or contractor may learn while they work for you. It is important to note that South Carolina has a specific law that defines trade secrets known as the South Carolina Trade Secrets Act. It is important that you consult this law to ensure that your South Carolina non-disclosure provisions are accurate and that your document is legal in its scope.
Before writing your own NDA or before signing one presented to you, you should seek legal advice from a law firm that practices employment law.
The South Carolina Trade Secrets Act, SC Code §§ 39-8-10 through 39-8-130 , provides the requirements that businesses should know when it comes to non-disclosure agreements. The South Carolina Trade Secrets Act also explains what actions a business may take for threatened or actual violations of the NDA as well as how long the company has to bring forth a legal action . The law also defines what is required to bring a criminal action against the party violating the agreement.
To help your business retain its competitive edge, use this document with a South Carolina non-compete agreement .
The South Carolina Trade Secrets Act also provides the legal definition of “trade secrets” as information that includes, but is not limited to, a formula, pattern, compilation, program, device, method, technique, product, system, process, design, prototype, procedure, or code with its own actual or potential monetary value.
A trade secret’s value comes from the fact that the information isn’t something that is generally known by the public. It’s also not so basic to the industry that another business could figure it out and use it during its normal course of business.
In short, it is information that is unique to the business. Any information claimed as a trade secret in a South Carolina non-disclosure agreement must be reasonably protected by the company as such.
To write a basic South Carolina non-disclosure agreement, first read the South Carolina Trade Secrets Act so that you have a better understanding of how a non-disclosure agreement works to protect your confidential information.
While you may find this knowledge beneficial, it is not a substitute for getting legal advice. A lawyer can help ensure that your NDA is enforceable.
You can save your template in Microsoft Word (.docx) for easy editing.
The Disclosing Party and the Receiving Party should sign and print their names. The signatures should be dated. Finally, the parties should each receive a copy of the executed NDA for their records.
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