Hawaii Non-Disclosure Agreement (NDA)
Download the Hawaii Non-Disclosure Agreement (also called a “confidentiality agreement”) to legally restrict a party from disclosing trade secrets with a person or company outside those mentioned in the contract. Using the document is a wise move for a company to make, as it not only provides weight to any legal action taken by a party who had trade secrets stolen, it acts as a mental barrier to leaking secrets in the first place. 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, the “Uniform Trade Secrets Act,” covers several important topics that should be understood before drafting an NDA in the state. The following is a section by section outline of all nine (9) sections of the act:
- § 482B-1 “Short Title” – the title of the act.
- § 482B-2 “Definitions” – includes the definitions of four (4) terms; “Improper Means,” “Misappropriation,” “Person,” and “Trade Secret”.
- § 482B-3 “Injunctive Relief” – covers what constitutes having the court stop an action from occurring.
- § 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.
Statute of Limitations: Three (3) years from the date the misappropriation (wrongdoing) was discovered.