Illinois Non-Disclosure Agreement

The Illinois Non-Disclosure Agreement (NDA) is a contract used for preventing employees, business associates, patients, or other individuals or companies from disclosing confidential information to third (3rd) parties. These agreements typically come in two (2) versions:

  1. Unilateral: Also called a one-way agreement, this type of NDA is used when confidential information will be disclosed by one (1) party and learned by another.
  2. Bilateral: Otherwise known as a mutual or two-way agreement, this type of NDA is used when both parties will be disclosing secret information to one another. This situation is less common and is mostly used in business environments.

The form offered here is a Unilateral NDA, so should only be completed if there is one (1) Disclosing Party and one (1) Receiving Party.

Illinois Trade Secret Law

Illinois’ law regarding misappropriation (embezzlement), titled “765 ILCS 1065 – Illinois Trade Secrets Act,” consists of nine (9) sections. Cumulatively, these sections cover how the illegal use of trade secrets are handled in the state. Below is a brief description of each section:

  • § 1065/1: The title of the Act.
  • § 1065/2: Definitions of common terms used throughout the act.
  • § 1065/3: Covers when the court can issue an Injunction.
  • § 1065/4: Summarizes damages, and when they will be awarded.
  • § 1065/5: States when the court will pay for the prevailing party’s Attorney’s Fees.
  • § 1065/6: The steps the court will take to ensure trade secrets are kept confidential.
  • § 1065/7: Statute of Limitations (5 years after the misappropriation is discovered).
  • § 1065/8: How the Act affects other laws and sections.
  • § 1065/9: States the act takes place for all misappropriation after Jan. 1st, 1988.

How to Write

Step 1 – To begin, download the NDA in either Adobe PDF (.pdf) or Microsoft Word (.docx).

Step 2 – Once downloaded, both parties involved (the Disclosing Party and the Receiving Party) must read through the document in its entirety. If there are any changes to the listed conditions that need to be made, these should be made before proceeding to the next step.

Step 3 – After all necessary changes have been made, start filling it out by providing the Date the NDA will go into effect at the top of the form. Then, enter the Name and Address of the Disclosing Party, which is the company (or individual) disclosing the confidential information. Next, repeat the same for the Receiving Party, which is the individual or group learning the secret information.


Step 4 – Next, head to the bottom of the document. Here, both parties will need to enter their Full Printed Names, their Titles (if none, leave blank or write ‘N/A’), and the respective Dates they are entering their information. Finally, both parties must write their handwritten signatures onto the document. Upon signing their names, the NDA will begin, meaning that both parties will be bound to its terms.