A Hawaii Non-Disclosure Agreement (NDA) is an essential legal instrument for businesses and individuals, preserving sensitive information, trade secrets, and proprietary data. It precisely defines confidential information encompassing a broad spectrum of data, from unique business strategies and financial information to customer lists, product designs, and intellectual property.
Hawaii NDA Laws Overview
- Governing Laws: Trade Secrets (Title 26, Chapter 482B).
- Statute of Limitation: Legal action must be brought within three years after the misappropriation is discovered (Haw. Rev. Stat. § 482B-7).
- Definition of Trade Secret (Haw. Rev. Stat. § 482B-2):
“Trade secret” means information, including a formula, pattern, compilation, program device, method, technique, or process that:
(1) Derives independent 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
(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Are NDAs Enforceable in Hawaii?
Yes, NDAs are enforceable in Hawaii. If trade secret misappropriation occurs, punitive measures include reasonable attorney’s fees and the costs of damages. [1] [2]
An amendment to Hawaii Revised Statutes Section 378-2.2(a) prohibits employers from requiring employees to sign nondisclosure agreements that prevent them from disclosing or discussing sexual harassment or sexual assault in the workplace, at work-related events, or between employees and employers. [3]
