West Virginia Non-Disclosure Agreement

The West Virginia Non-Disclosure Agreement binds two parties together under an agreement that requires learned confidential information be kept secret. In the contract, there are two parties, one, called the “Disclosing Party,” is responsible for sharing the confidential information. The other is called the “Receiving Party,” and is required to keep all learned Trade Secrets from anyone outside of the contract unless included explicitly as a condition in the agreement. Check out our overview of the state’s trade secret law below as well as our how-to for completing the contract.

Trade Secret Law

To better aid you in completing our NDA, we have provided an overview of West Virginia’s Uniform Trade Secrets Act (Chapter 47 Article 22) below. Understanding the sections of the agreement can also provide valuable if a breach of contract were to occur – as the Act covers how the state’s congress punishes and rewards misappropriation of Trade Secrets.

  • § 47-22-1 “Definitions” – Four useful definitions of commonly used words and terms.
  • § 47-22-2 “Injunctive relief” – Covers the remedy of injunctions, which are orders from the court to stop a certain action.
  • § 47-22-3 “Damages” – When the complainant can recover damages that were caused by a stolen Trade Secret.
  • § 47-22-4 “Attorney’s fees” – In certain situations, the court will pay for the winning party’s attorney’s fees.
  • § 47-22-5 “Preservation of secrecy” – To protect Trade Secrets during litigation, the court will take certain actions – which this section covers.
  • § 47-22-6 “Statute of limitations” – After discovering confidential information that has been stolen (or when it should have been discovered), the victim has three (3) years t0 bring a case.
  • § 47-22-7 “Effect on other law” – How Chapter 47 does and does not affect other laws within West Virginia’s legislature.
  • § 47-22-8 “Uniformity of application and construction” – This section is a general statement that says the state intended to make the act uniform with the other states that also adopted the act.
  • § 47-22-9 “Short title” – The title of Chapter 47, which is the “Uniform Trade Secrets Act”
  • § 47-22-10 “Time of taking effect” – States the act went into effect on July 1st, 1986, and any misappropriation occurring before that date does not apply to the act.

How to Write

Step 1 – Begin by downloading our Confidentiality Agreement. Formats include Adobe PDF and Microsoft Word.

Step 2 – Head to the first page. After writing the current Date on the top of the contract, the parties will need to enter their Names and Addresses in the fields provided.

Step 3 – Proceed to the last page. In the tables provided, both parties are required to write their Printed NamesTitles, Signed Names, and the Dates in which they are completing their sections. If utilizing our PDF version, the signatures can be digitally recorded, although a unique key will be required to ensure the contract would hold up in court.