New Hampshire Non-Disclosure Agreement
Download our New Hampshire Non-Disclosure Agreement if you plan on sharing confidential company information to a client, associate, or company, and you want to ensure your company secrets are protected from being released to the public and competitors. Although the law protects individuals who have had their confidential information taken/shared without their permission, requiring an NDA be signed allows you to sue for breach of contract (in the event they share the information while under the agreement) and it provides written evidence that the party that learned the information was strictly prohibited from sharing it, and they agreed to keep it between those allowed in the contract.
Trade Secret Law
New Hampshire’s Trade Secret Law, which is an adoption of the Uniform Trade Secrets Act, covers how the state protects the use of a company’s confidential information, namely the info that can be considered economically valuable. Although New Hampshire is in line with the general act, it is essential to understand the state’s “Reason to Know” standard, which means a company can be summoned for misappropriation even if they should have known the information they were using was confidential. The act consists of nine (9) sections under Chapter 350-B, which we have outlined below:
- § 350-B:1 Definitions – Explanations of four (4) terms used throughout the chapter.
- § 350-B:2 Injunctive Relief – Covers when the court can issue an injunction, which is an order forcing an individual or company to stop a certain action (in this situation, misappropriation).
- § 350-B:3 Damages – Goes over when the complainant can recover damages from misappropriation.
- § 350-B:4 Attorneys’ Fees – The situations in which the court will pay for the winning party’s attorney’s fees.
- § 350-B:5 Preservation of Secrecy – What the court will do to protect a complainant’s trade secret(s), including ordering those involved in litigation not to disclose information.
- § 350-B:6 Statute of Limitations – Once misappropriation has been discovered, the victim has three (3) years to bring a case against the perpetrator
- § 350-B:7 Effect on Other Law – How the trade secret law affects other laws.
- § 350-B:8 Uniformity of Application and Construction – A brief statement regarding New Hampshire’s efforts to make their trade secret law in line with other state’s rendition of the act.
- § 350-B:9 Short Title – The citable title of the chapter, which is the “Uniform Trade Secrets Act.”
How to Write
Step 2 – Have all involved parties go through the document, making any changes to ensure the contents of the contract are agreed upon by everyone involved.
Step 3 – At the top of the first page, enter the Date the contract will go into effect. Next, starting with the Disclosing Party (entity sharing confidential information) enter the Full Name followed by the party’s Address. Repeat this for the Receiving Party (entity learning the secrets).
Step 4 – After giving the contract a final read-through, head to the last page and have both parties write their Names in print, their Titles, and the Dates in which they are completing their parts of the agreement. To put the contract into effect, have the parties Sign their names in the designated fields.