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A Virginia non-disclosure agreement, also known as a confidentiality agreement, is a legal document that is used to protect business interests and trade secrets. Since Virginia non-disclosure agreements may be legally binding, your document must be written the right way.
A Virginia non-disclosure agreement must be specific; this includes listing to whom employees and former employees can give information about your business. That information must be specifically defined using restrictive covenants in the Virginia non-disclosure agreement.
Before drafting an NDA or signing one that is presented to you as a condition of employment, seek legal advice from a law firm that practices employment law.
Virginia adopted the Uniform Trade Secrets Act, Va. Code Ann. §§ 59.1-336 through 59.1-343 . The Uniform Trade Secrets Act governs non-disclosure agreements and the information that NDAs are meant to protect.
The Virginia Uniform Trade Secrets Act also explains how businesses can preserve the secrecy of the information they wish to protect as well as other valuable information.
Virginia businesses can get additional protection for their secrets by using this document together with a Virginia non-compete agreement .
With a Virginia non-disclosure agreement, a business can protect certain information referred to as a “trade secret.” Of course, that information must be sufficiently documented within the NDA. Before this is done, a business must understand the sort of information that is considered a “trade secret” as defined in the Virginia Uniform Trade Secrets Act.
The law defines a “trade secret” as information that includes but is not limited to a formula, a pattern, a compilation of data, a program, a device, a method, a technique, or a process with its own actual or potential financial value because it isn’t easy for the public or another business to figure out during their normal actions. For any information that a business wants to consider as a trade secret, the business must take reasonable steps to keep that information private.
To write a basic Virginia non-disclosure agreement, you should first read the Virginia Uniform Trade Secrets Act. This will help you better understand how a non-disclosure agreement can help protect your business interests. However, this is not a substitute for obtaining qualified legal advice. Having your NDA reviewed by an attorney can help ensure its enforceability. You can save your template in Microsoft Word (.docx) for easy editing.
The Disclosing and Receiving Party must sign and print their names. The signatures must be dated. Each party should receive a copy of the finalized document for their records.
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