Maine Non-Disclosure Agreement
The Maine Non-Disclosure Agreement (NDA) is a contract that protects a company’s sensitive information from being shared with those who could use the information in a damaging way. It is completed by two (2) individuals or companies and typically comes in two types, Unilateral and Bilateral. The one offered here is Unilateral and is the more commonly used type; it is used when one (1) party will be sharing confidential info and the other party will be acquiring it. Bilateral, on the other hand, is used when both parties will be disclosing secrets and require each other to keep the knowledge between themselves.
Trade Secret Law
Maine’s Uniform Trade Secrets Act (§§ 1541 through § 1548) is an adoption of the federally-passed Uniform Trade Secrets Act (UTSA). The UTSA is a piece of legislation designed to make the states have a uniform definition of what constitutes a “Trade Secret” and the claims that can be made in the event they are leaked. Although officially adopted by Maine’s Legislature, slight changes in wording and layout were made, much like the majority of the states that chose to utilize the UTSA. To give you a better understanding of how the law works, each section of Maine’s state-specific Act has been clarified below.
- 10 §1541 “Short title”: Gives the citable title of the Act.
- 10 §1542 “Definitions”: Defines four (4) commonly used terms; “Improper Means,” “Misappropriation,” “Person,” and “Trade Secret”.
- 10 §1543 “Injunctive Relief”: When the court will issue an Injunction, which is a remedy that stops a certain act from being done.
- 10 §1544 “Damages”: Covers the second (2nd) type of relief, which allows the complainant to recover damages from misappropriation.
- 10 §1545 “Attorneys fees”: This section states when the winning party will have their attorney’s fees paid for.
- 10 §1546 “Preservation of secrecy”: Discusses what the court will do to ensure the trade secret remains confidential during proceedings.
- 10 §1547 “Statute of limitations”: How long a victim of misappropriation has to bring up a case (after discovering it) i.e., four (4) years.
- 10 §1548 “Effect on other laws”: States what laws the Act does not affect.
How to Write in PDF & Word
Step 1 – Prior to entering into a legally-binding contract, it is essential that both parties understand what terms they will need to abide by once it comes it into effect. An NDA is no different—prior to downloading the document in either Adobe PDF or Microsoft Word, it should be reviewed by both the party bringing it about (the “Disclosing Party”) and the party it is being presented to (the “Receiving Party”). If there are any terms that either party is not comfortable with, such terms should be amended accordingly.
Step 2 – Step 2 involves filling out the mandatory fields on the first (1st) page. That is, the Date Full Names and Addresses of both the Receiving Party and the Disclosing Party.
Step 3 – The final step to creating a Maine Non-Disclosure Agreement involves filling out the mandatory fields on the bottom of the second (2nd) page. In this section, the entities (the Receiving Party and Disclosing Party) must provide their Printed Names, Company Titles, and the current Dates they are signing the agreement.
If a digital version of the NDA is being used (i.e. the PDF version), both parties must sign the document digitally. If a printed version of the NDA is being used (i.e. a printed copy of the Microsoft Word version), both parties must sign the document by hand. The terms of Confidentiality Agreement will be rendered active once both signatures have been recorded.