A Georgia Non-Disclosure Agreement (NDA) is a legal document for businesses and individuals operating within the state that protects sensitive information, trade secrets, and proprietary data. Within the agreement, legal obligations are meticulously outlined, ensuring that all parties engaged in a business relationship are committed to preserving the confidentiality of information.
The document imposes strict limitations on sharing, using, or disclosing such data to third parties, strengthening the integrity of confidential information.
Georgia NDA Laws Overview
- Governing Laws: Trade Secrets (Title 10, Chapter 1, Article 27).
- Statute of Limitation: Legal action must be taken within five years after the misappropriation is discovered (Ga. Code § 10-1-766).
- Definition of Trade Secret (Ga. Code § 10-1-761(4)):
“Trade secret” means information, without regard to form, including, but not limited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which is not commonly known by or available to the public and which information:
(A) Derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Are NDAs Enforceable in Georgia?
Yes, NDAs are enforceable in Georgia. State law allows NDAs to protect legitimate business interests such as trade secrets, confidential information, and proprietary data. To be valid, an NDA must be reasonable in scope, duration, and geographic limitations. NDAs in Georgia cannot be overly broad or restrict disclosure of information beyond what is necessary to protect those legitimate interests.
In case of a breach, the prevailing party is entitled to recover damages and reasonable attorney’s fees. [1] [2]
