Ohio Non-Disclosure Agreement

Our Ohio Non-Disclosure Agreement (“Confidentiality Agreement”) gives those that are planning on disclosing confidential information a means to ensure the party learning the information does not share it with third (3rd) parties or competitors. The document contains conditions that ensure the party learning the info has no room for assumption or guess. Information in the NDA includes exactly what is confidential and what is not, the scope of the agreement (you don’t want too small or large of a scope, as either one can make your contract unusable), the terms of the agreement, and the jurisdiction of where any court proceedings would happen (in the event they do).

Trade Secret Law

Ohio’s Trade Secret Law, §§ 1333.61 to § 1333.69 (three-quarters of the way down on the page) covers how Ohio’s courts handle misappropriation of trade secrets, which is when a company’s secret information is used in an unlawful way. The nine (9) sections of the agreement are listed below:

  • § 1333.61 – Lists important definitions used throughout the Act
  • § 1333.62 – Situations in which an injunction will be issued. An injunction is an order from the court to stop a certain action from taking place. In this case, it would be the misappropriation of a trade secret
  • § 1333.63 – When the complainant will be able to recover damages. In situations when the misappropriation is deemed willful or malicious, the complainant can recover up to three (3) times the cost of the damages
  • § 1333.64 – Covers when the court will pay for the winning party’s attorney’s fees.
  • § 1333.65 – States the steps the courts will take to protect trade secret(s) during litigation
  • § 1333.66 – After discovering misappropriation, the victim has four (4) years to bring it as a case
  • § 1333.67 – Ohio Laws that are and are not affected
  • § 1333.68 – Says the law is meant to be in-line with the general act designed for adoption by the states
  • § 1333.69 – The citeable title of the Act

How to Write

Step 1 – Begin by downloading the contract in either Adobe PDF or Microsoft Word.

Step 2 – Have both parties go through the agreement, making any changes as necessary until both agree on all conditions listed in the document.

Step 3 – At the top of the first page, enter the Current Date. This includes the day, month, and full year. Next, starting with the Disclosing Party (sharing confidential information) have them enter their Full Name and Address. Repeat this for the Receiving Party, which is the entity acquiring the information.

Step 4 – Head to the last page of the contract. Here, the parties will need to write their Printed NamesTitles, and the Dates in which they are completing their portions of the agreement. Finally, have both parties write their Signatures to make the contract official.