Texas Non-Disclosure Agreement
Our Texas Non-Disclosure Agreement (NDA) is a contract commonly used in business where one party will sharing Confidential Information and/or Trade Secrets with another party; the document binds the parties, requiring the one learning the secret information not share it with anyone not allowed in the agreement. The free templates we provide below are Unilateral agreements, meaning only one party will be sharing information. The other type, called a Bilateral agreement, is used in situations where both parties will be sharing information with each other. An overview of Texas’ law regarding Trade Secrets can be found below.
Trade Secret Law
To better aid you in completing our NDA, we have outlined the sections of the Texas Uniform Trade Secrets Act (Title 6 Chapter 134A) below.
- § 134A.001 – The citeable title of the act
- § 134A.002 – Gives the definitions of the following terms: “Claimant,” “Clear and convincing,” “Owner,” “Proper means,” “Reverse engineering,” “Trade secret,” and “Willful and malicious misappropriation”
- § 134A.003 – Covers the circumstances in which an injunction will be ordered by the court
- § 134A.004 – Explains when damages will be rewarded to the victim of misappropriation. Courts can use both the benefit the misappropriator received from using the secrets plus the actual damage the victim endured when determining the amount of damages to reward
- § 134A.005 – This section goes over when the court will pay for the prevailing party’s attorney’s fees
- § 134A.006 – Includes the actions the courts take to ensure trade secrets remain confidential and lists the components of the “balancing test,” which is used to determine if a party should be restricted access to the other’s trade secret during litigation
- § 134A.007 – How Chapter 134A affects other laws within Texas’ legislature
- § 134A.008 – A general statement referring to Texas’ intention of making their Uniform Trade Secrets Act parallel to the other states that adopted the act
How to Write
Step 2 – Have the parties that will be bound under the agreement read through the contract. If any changes need to be made to the document, make these now before heading to the next step.
Step 3 – On the first page, enter the full Date at the top of the page. On the next line, have the Disclosing Party write their Full Name followed by their Address. Repeat this for the Receiving Party on the proceeding line.
Step 4 – Have the parties write their Printed Names, Company Titles, Sigantures, and the Dates in which they wrote their signatures into the provided fields. Once all signatures have been recorded, the contract will be complete and in full effect.