North Carolina Non-Disclosure Agreement (NDA) Template

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Updated May 17, 2022

A North Carolina non-disclosure agreement is a form often used during the hiring process that inhibits an individual from releasing a company’s Confidential Information to the public or a third-party competitor. In the case just discussed, the agreement would be Unilateral, in that a secondary party would be prohibited from disclosing information owned by the first party. A Mutual agreement is one in which neither party is able to disclose the Confidential Information of the other party. If the contract is breached, and the Confidential or Proprietary Information reaches a competing business, the responsible party will be liable for all damages.

Laws – Article 24 – Trade Secrets Protection Act

“Trade Secret” Definition

“Trade secret” means business or technical information, including but not limited to a formula, pattern, program, device, compilation of information, method, technique, or process that:

a. Derives independent actual or potential commercial value from not being generally known or readily ascertainable through independent development or reverse engineering by persons who can obtain economic value from its disclosure or use; and

b. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

The existence of a trade secret shall not be negated merely because the information comprising the trade secret has also been developed, used, or owned independently by more than one person, or licensed to other persons.