Hawaii Non-Disclosure Agreement (NDA)
Download the Hawaii Non-Disclosure Agreement (also called a “Secrecy Agreement”) to legally restrict a party from sharing purposely disclosed trade secrets from a second (2nd) party with an outside individual or company. Requiring the document be signed is a wise move for a company to make; it not only clearly describes what types of information cannot be shared, but it also outlines what the Receiving Party is allowed to share with others. In today’s business world, it only makes sense to ensure all bases are covered. The contract is commonly used in the business and medical fields, although any industry in which trade secrets can be used to negatively affect an entity can benefit from the use of an NDA.
Trade Secret Law
Hawaii’s trade secret law titled the “Uniform Trade Secrets Act,” covers several important topics that should be understood before drafting an NDA in the state of Hawaii. Below is a section by section outline of the law to aid in understanding:
- § 482B-1: “Short Title” – the citable title of the Act
- § 482B-2: “Definitions” – the definitions of the words “Improper Means,” “Misappropriation,” “Person,” and “Trade Secret”.
- § 482B-3: “Injunctive Relief” – covers what constitutes having the court stop an action.
- § 482B-4: “Damages” – when the complainant can recover damages from misappropriation.
- § 482B-5: “Attorney’s Fees” – situations which garner having the winning party’s attorney’s fees covered.
- § 482B-6: “Preservation of Secrecy” – means by which the court will preserve the secrecy of the trade secret.
- § 482B-7: “Statute of Limitations” – maximum allowable time for bringing a case of misappropriation.
- § 482B-8: “Effect on other law” – how Act 482B affects other Hawaiian laws.
- § 482B-9: “Severability” – if certain sections are not applicable, it does not affect other sections regarding the law.
How to Write in PDF & Word
Step 2 – At the top of the contract, enter the Current Date and the Names and Addresses of both the party sharing the confidential information (called the “Disclosing Party”) and the individual or company learning the secrets, called the “Receiving Party.”
Step 3 – Head to the bottom of the document. Both parties will need to write their Printed Names, their Titles within their respective companies, the Dates they are signing the NDA, and their Signatures. If steps 1-3 have been followed accurately, the NDA will go into full effect.