A Mississippi Non-Disclosure Agreement (NDA) is a contract in which a disclosing party shares sensitive information under strict conditions with another party, protecting proprietary data in business relationships. If breached, legal action can be pursued.
Mississippi NDA Laws Overview
- Governing Laws: Title 75, Chapter 26 – Uniform Trade Secrets Act
- Statute of Limitation: The statute of limitation for misappropriation cases is three years from the date of discovery (§ 75-26-13).
- Definition of Trade Secret (§ 75-26-3(d)):
“Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique or process, that:
(i) 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
(ii) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Are NDAs Enforceable in Mississippi?
Yes, NDAs are enforceable in Mississippi. Should a breach occur without written approval from the disclosing party, the aggrieved party has the right to pursue legal remedies. These remedies can include injunctive relief to prevent further breaches, as well as damages.
Damages may cover any financial losses resulting from the unauthorized disclosure, in addition to compensation for any unjust enrichment that the breaching party may have gained, which is not included in the financial loss calculation.
