Mississippi Non-Disclosure Agreement
The Mississippi Non-Disclosure Agreement (NDA) is used when one party known as the Disclosing Party will be discussing confidential information with another party known as the Receiving Party. In such situations, an NDA will act to safeguard the sensitive information from being further shared by the Receiving Party. Business plans, patient test results (in a medical setting), recipes, or methods that contain confidential information may all be covered under an NDA in the state of Mississippi. While it is completely the choice of the Disclosing Party to present the Receiving Party with an NDA to sign, it is strongly recommended they do so as an NDA is considered to be an effective means of dissuading disclosures from occurring.
Trade Secret Law
Mississippi’s Uniform Trade Secrets Act, Title 75 Chapter 26, contains ten (10) sections. Some of the most notable areas the Act covers include:
- How misappropriation (i.e. ‘Embezzlement’) is handled in the state,
- How victims of the crime may go about receiving compensation from the offending party, and
- How to petition the court to forcibly stop the offending party, via an injunction, from profiting from misappropriation.
In addition to these three (3) key areas, the Act covers a variety of other important issues. Anyone entering into an NDA is urged to read up on Mississippi’s Uniform Trade Secrets Act. As those without a legal background may find it challenging to navigate, a link to each provision as well as a quick summary of what matter/s it addresses are provided below.
- § 75-26-1 Short title: States the citeable title of Chapter 26.
- § 75-26-3 Definitions: Provides definitions of commonly used terms throughout the following sections.
- § 75-26-5 Injunctive relief: Establishes what is necessary for the court to issue an injunction.
- § 75-26-7 Damages: Provides scope for damages to be rewarded in certain cases of misappropriation.
- § 75-26-9 Attorney’s fees: Outlines three (3) scenarios in which the winning party’s attorney’s fees will be paid for.
- § 75-26-11 Trade Secret Protection: Lists the steps the court will take to prevent trade secrets from being [further] exposed.
- § 75-26-13 Statute of limitations: Places a limitation on long after discovering misappropriation an individual has to bring a case i.e., three (3) years.
- § 75-26-15 Effect on other laws: Makes known what laws the chapter does and does not affect.
- § 75-26-17 Construction of provisions: Essentially states that this Act is an adoption of the general Uniform Trade Secrets Act.
- § 75-26-19 Severability provisions: If a certain provision does not apply/is invalid, it doesn’t affect the other sections.
How to Write
Step 1 – Download the contract in PDF or Word. It is essential that all parties agree on the terms and conditions in the contract. If there need to be additions, removals, or edits to the conditions listed in the NDA we offer, make these before heading to the next step.
Step 2 – Enter the Current Date in the field at the top of the page (Day, Month, and Year). Then, have the parties write their Names and Addresses into the respective fields. The “Disclosing Party” is the entity releasing information to the other party, called the “Receiving Party.”
Step 3 – At the bottom of the second (2nd) page, have both parties write their Printed Names, their Company Titles (if not signing as a company, leave blank), and the Dates they will be signing the contract. At this point, all fields (except the signatures) should be complete. Now, the parties can sign their full legal names into the areas provided – officially binding the entities to the conditions outlined in the agreement.