West Virginia Non-Disclosure Agreement
The West Virginia Non-Disclosure Agreement (NDA) is an official legal form that is signed prior to discussing confidential information to make it so the party on the receiving end is contractually obligated to keep everything learned secret. The contract, which is also called a “confidentiality agreement,” clearly establishes what can and cannot be shared to avoid any confusion between the parties. In West Virginia, the information that is discussed is formally known as “trade secrets”. For information to be qualified as a trade secret, it must 1) not be generally known by the public (or easy to figure out) and 2) the entity that holds the information must be making an effort to keep it a secret.
Being a template, the form can be edited to cover topics such as the jurisdiction of the form, time frames, and anything unique about the situation the NDA will be used for. Recruiting the assistance of a licensed attorney can help to ensure any edits to the form keep it aligned with WV law.
Trade Secret Law
West Virginia’s Uniform Trade Secrets Act covers how the state’s courts handle trade secrets that have been stolen, when damages will be paid, the definitions of important terms, and other important info. Important sections from the act have been outlined below.
Statute of Limitations (§ 47-22-6): In order for a case regarding misappropriation (stolen secrets) to be brought up legitimately, the misappropriation must have been discovered within three (3) years.