Maine Non-Disclosure Agreement
The Maine Non-Disclosure Agreement (NDA) is a contract that protects a company’s sensitive information from being shared with those that could use the information in a damaging way. It is completed by two individuals or companies and typically comes in two types, Unilateral and Bilateral. The one offered here is Unilateral and is the more commonly used type; it is used when one party will be sharing confidential info and the other party acquiring it. Bilateral, on the other hand, is when both parties will be disclosing secrets and require each other to keep the knowledge between themselves. Scroll down to view a breakdown of Maine’s law regarding trade secrets and to see a step-by-step walkthrough for completing the contract.
Trade Secret Law
Maine’s Uniform Trade Secrets Act (§§ 1541 through § 1548) is an adoption of the Nationally passed Uniform Trade Secrets Act (UTSA), which is a piece of legislation designed to make the states have a uniform definition of what constitutes a Trade Secret and the claims that can be made in the event they are leaked. Although officially adopted by Maine’s Legislature, slight changes in wording and layout were made, much like the majority of the states that chose to utilize the UTSA. To give you a better understanding of how the law works, we have broken it down section-by-section below.
- 10 §1541 “Short title” – Gives the citable title of the Act
- 10 §1542 “Definitions” – Defines four (4) commonly used terms; “Improper Means,” “Misappropriation,” “Person,” and “Trade Secret”
- 10 §1543 “Injunctive Relief” – When the court will issue an Injunction, which is a remedy that stops a certain act from being done
- 10 §1544 “Damages” – Covers the second (2nd) type of relief, which allows the complainant to recover damages from misappropriation
- 10 §1545 “Attorneys fees” – This section states when the winning party will have their attorney’s fees paid for
- 10 §1546 “Preservation of secrecy” – Talks about what the court will do to ensure the trade secret remains confidential during proceedings
- 10 §1547 “Statute of limitations” – How long a victim of misappropriation has to bring up a case (after discovering it) – which is four (4) years
- 10 §1548 “Effect on other laws” – States what laws the Act does not affect
How to Write in PDF & Word
Step 1 – Before downloading the document, have all the parties involved go through the contract adding, editing, or removing conditions as necessary. For making edits, the Word version is the most user-friendly. Once the parties agree to all the terms, download the NDA in either Adobe PDF or Microsoft Word.
Step 2 – On the first (1) page, enter the Date followed by the Full Names and Addresses of both the Receiving Party (learning the information) and the Disclosing Party (sharing the trade secrets).
Step 3 – Next, at the bottom of the second (2) page in the table, have the entities (Receiving and Disclosing parties) enter their Printed Names, Company Titles, and the current Dates they are signing the agreement. Then, have both parties either sign the document digitally (using the PDF version) or have them print it out and sign the form by hand. Once all signatures have been recorded, the Confidentiality Agreement will be in full effect.