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A Washington non-disclosure agreement (NDA) is more frequently referred to as a confidentiality agreement. Washington non-disclosure agreements may be legally binding contracts.
When a new employee or independent contractor signs an NDA, they are bound to secrecy regarding the business information defined in the document. A non-disclosure agreement may be its own contract or it may be part of an employment contract.
Washington adopted the Uniform Trade Secrets Act, RCW §§ 19.108.010 through 19.108.930 , to govern the use and construction of non-disclosure agreements. Washington’s Uniform Trade Secrets Act also explains the damages that a business may be entitled to receive if an employee or a contractor violates the NDA.
Washington businesses should use a well thought out NDA as well as a well thought out Washington noncompete agreement to create the best possible protection for their information.
The purpose of a Washington non-disclosure agreement is to protect confidential information that is referred to as a trade secret. Washington’s Uniform Trade Secrets Act defines a “trade secret” as information such as a formula, pattern, compilation, program, device, method, technique, or process with its own actual or potential financial value.
A trade secret’s value exists because the information isn’t generally known or discoverable by the public or another business to use for their own benefits. Any business wishing to protect information as a trade secret must take reasonable efforts to keep that information private.
To write a basic Washington non-disclosure agreement, you should first read the Washington Uniform Trade Secrets Act. It will help you better understand how an NDA can protect your business secrets. Yet, this is not a substitute for legal advice. A lawyer can help ensure that your non-disclosure agreement is enforceable. You can save your template in Microsoft Word (.docx) for easy editing.
Each party must sign and print their names. Their signatures must also be dated. The parties should receive a copy of the finalized agreement for their records.
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