A Washington Non-Disclosure Agreement is a vital legal document that protects businesses and individuals by safeguarding their proprietary information and trade secrets.

The NDA establishes the parameters of confidentiality and is enforceable only if the information in question is not public knowledge. Businesses use it in partnerships, employment relationships, and other instances when proprietary information is shared.

Governing Laws: Uniform Trade Secrets Act. (Wash. Rev. Code § 19.108.010 – 19.108.930)
Statute of Limitation: The legal action for misappropriation must be enforced within three years. (Wash. Rev. Code § 19.108.060)
Trade Secret Definition (Wash. Rev. Code § 19.108.010(4)):

“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 Washington?

Yes, companies can enforce NDAs in Washington state. However, employers must abide by the limitations imposed by state law. 2022 legislation bans employers from mandating or asking employees to enter any NDA that prevents employees from wage and hour violations, harassment, discrimination, retaliation, or sexual assault. [1] [2]

The NDA ban doesn’t explicitly prevent parties from agreeing to keep settlement amounts private.