New Hampshire Non-Disclosure Agreement

Anyone who is planning on sharing confidential company information to a client, associate, or company should seriously consider executing a New Hampshire Non-Disclosure Agreement (NDA).  This legal instrument is very effective in helping companies prevent their sensitive company information from being released to the public and competitors. While the law does provide certain protections to individuals who have had their confidential information taken or shared without their permission, these protections are incredibly limited in nature.

On the other hand, a party (called the “Disclosing Party”) who requires the party they disclose the sensitive information to (the “Receiving Party”) to sign an NDA, will have the option of suing them for damages if they divulge the information.

Trade Secret Law

New Hampshire’s Trade Secret Law, which is an adoption of the Uniform Trade Secrets Act, encompasses how the state protects the use of a company’s confidential information, namely the information that can be considered to be of economic value. Although New Hampshire’s Trade Secret Law is in line with the general Act, there are fundamental distinctions between the two sets of laws.

Notably, the state’s “Reason to Know” standard means a company can be summoned for misappropriation even if they should have known the information they were using was confidential. It is thus strongly suggested that the state’s nine (9) Trade Secret Law sections under Chapter 350-B (as provided below) are consulted prior to entering into an NDA of any kind.

How to Write

Step 1 – Download the agreement in one of two formats, Microsoft Word or Adobe PDF. To help decide which format to select, the table below can be referred to:

Which Non-Disclosure Agreement (NDA) Format is Best to Use?

Format TypeIdeal For:
Microsoft WordMaking edits to the NDA.
Adobe PDFCompleting and signing the contract digitally.

Step 2 – All involved parties should subsequently read through the document. For the purpose of ensuring all parties are happy with the final version of the NDA, changes should be made if either party sees the need.

Step 3 – The first piece of information that should be provided on the form is the Date the contract will go into effect. Following this, the Disclosing Party (the individual or entity who is disclosing the secretive information) must state their Full Name plus Address. Once they are done, the Receiving Party (the individual or entity who is being told the secrets) should also state their Full Name plus Address in the form.

Step 4 – A final read-through is recommended at this stage. Then, both parties should write their Names in print, their Titles, and the Dates in which they are attending to their parts of the agreement. Lastly, they should Sign their names in the designated fields.