A New Hampshire non-disclosure agreement is a legal contract used to protect confidential business information, trade secrets, and proprietary data. This agreement binds one or more parties to secrecy, preventing them from disclosing confidential material to unauthorized entities.
New Hampshire NDA Laws Overview
- Governing Laws: Title 31, Chapter 350-B
- Statute of Limitation: A plaintiff must file a lawsuit within three years of discovering the misappropriation of their proprietary data (§ 350-B:6).
- Trade Secret Definition (§ 350-B:1(IV)):
“Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(a) 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
(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Are NDAs Enforceable in New Hampshire?
Yes. NDAs are enforceable in New Hampshire if they are reasonable and not overly broad. The agreement must clearly specify the confidential information and be limited in scope and duration to protect legitimate business interests. NDAs that are excessively restrictive or vague may be invalidated by New Hampshire courts.
