Home Q&A Forum Can you explain the enforceability of a Non-Disclosure Agreement (NDA) signed between two parties, specifically in the context of protecting trade secrets?

Employment

Nondisclosure Agreement

New York

Asked on Dec 2, 2024

Can you explain the enforceability of a Non-Disclosure Agreement (NDA) signed between two parties, specifically in the context of protecting trade secrets?

I recently started a new job at a technology company where I was required to sign a Non-Disclosure Agreement (NDA) to protect the company's trade secrets and confidential information. However, I have concerns about the enforceability of this agreement and the potential consequences if I were to accidentally disclose any information. I want to understand the legal implications and limitations of the NDA, including any loopholes or circumstances in which the agreement may not hold up in court.

Answers from 1 Lawyer

Answer

Employment

New York

Answered 537 days ago

Damien B.

ContractsCounsel verified

Business Lawyer
Licensed in New York
4.9 (13)
Member Since:
October 3, 2023

Hello! My name is Damien Bosco. My law office is in Long Island City, across from Manhattan. Under the Defend Trade Secrets Act (DTSA) and New York law, trade secrets are protected if the company has taken reasonable steps to keep the information confidential. Information that is publicly available or widely known cannot be protected by an NDA. If the NDA is too broad in scope, fails to specify what constitutes confidential information, or restricts lawful activities, courts may void or modify it. Carefully review the NDA to identify what is considered confidential and the obligations imposed on you. Or have an attorney review it for you who can provide a consultation on accidental disclosure, negligent disclosure, and intentional disclosure of trade secrets.

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