Hawaii Non-Disclosure Agreement

Download the Hawaii Non-Disclosure Agreement (also called a “Secrecy Agreement”) to legally restrict a party from sharing purposely disclosed trade secrets from a second (2nd) party with an outside individual or company. Requiring an NDA be signed is a wise move for a company to make; it not only clearly describes what types of information cannot be shared, but it also outlines what the Receiving Party is allowed to share with others. In today’s business world, it only makes sense to ensure all of your bases are covered. The industries in which NDA’s are most prevalent are the business and the medical industry, although any industry in which secrets can be held (hint, it’s all of them) can benefit from an NDA.

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Trade Secret Law

Hawaii’s trade secret law titled the “Uniform Trade Secrets Act,” covers several important topics that should be understood before drafting an NDA in the state of Hawaii. Below is a section by section outline of the law to aid in your understanding:

  • § 482B-1 “Short Title” – the citable title of the act
  • § 482B-2 “Definitions” – the definitions of the words “Improper Means,” “Misappropriation,” “Person,” and “Trade Secret”
  • § 482B-3 “Injunctive Relief” – covers what constitutes having the court stop an action
  • § 482B-4 “Damages” – when the complainant can recover damages from misappropriation
  • § 482B-5 “Attorney’s Fees” – situations which garner having the winning party’s attorney’s fees covered
  • § 482B-6 “Preservation of Secrecy” – means by which the court will preserve the secrecy of the trade secret
  • § 482B-7 “Statute of Limitations” – maximum allowable time for bringing a case of misappropriation
  • § 482B-8 “Effect on other law” – how Act 482B affects other Hawaiian laws
  • § 482B-9 “Severability” – if certain sections are not applicable, it does not affect other sections regarding the law

How to Write in PDF & Word

Step 1 – Download the Hawaiian NDA in either PDF (.pdf) or Word (.docx). If you will be editing and/or printing and completing the document by hand, we recommend downloading the Word Version. For completing the fields digitally, the PDF format is the better option.

Step 2 – At the top of the contract, enter the Current Date and the Names and Addresses of both the party sharing the confidential information (called the “Disclosing Party”) and the individual or company learning the secrets, called the “Receiving Party.”

 

Step 3 – Go to the bottom of the document. Here, you will need to have both parties write their Printed Names, their Titles within their respective companies, the Dates they are signing the NDA, and finally, their Signatures. If steps 1-3 have been followed accurately, the NDA will now be in full effect.