Download Georgia Non-Disclosure Agreement Template [PDF]

The Georgia non-disclosure agreement (NDA), or confidential disclosure agreement, is a legal document created between two or more parties that have the intention of sharing certain confidential information with each other but want to prevent any third party from accessing this information.

This document usually includes sensitive information about the business organization or operation, information about clients, trade secrets, intellectual property, and more.

What is a Trade Secret in Georgia?

A trade secret in Georgia is certain information about the operation of a certain business entity that can be considered their competitive advantage and is, for that reason, not available to the public.

Types of Non-Disclosure Agreements

Here, you can see the main types of non-disclosure agreement forms based on which party takes on the obligation of keeping the shared information confidential:

Two Types of Non-Disclosure Agreements

Unilateral NDA: Here, only one party is obliged to keep the shared information confidential. This type of NDA is mostly signed between the companies and their employees.
Mutual NDA: This type of NDA creates an obligation for all parties signing the document to keep the shared information confidential. This is mostly used in situations where each party shares certain confidential information with the other parties involved.

Legal Requirements for Georgia Non-Disclosure Agreement

Here, you can find the state regulations for the non-disclosure agreement in Georgia:

Mandatory Requirements

Statutes: § 10-1-760 to 10-1-767
Definitions: § 10-1-761
Limitation of Action: An action for misappropriation must be brought within five years after the misappropriation is discovered. (§ 10-1-766)

What Can Non-Disclosure Agreement Be Used For in Georgia?

The Georgia non-disclosure agreement template can be used in different situations depending on the type of information the parties want to protect, as well as who is signing the NDA and more.

Here, you can find the most common situations where the NDA is used:

NDA Uses and Scopes

Protection of business and trade secrets: The parties signing this document take on the obligation to keep confidential all the sensitive information shared between them. The document also defines what sensitive information should not be known to the general public.
Protection of customer information: Used by the parties that must share certain sensitive information about their clients with the parties processing such information. They must sign this agreement with them to make sure they are in compliance with the data protection regulations.

Protection of intellectual property: Used for protecting the software, inventions, or creative work the other parties have access to during their collaboration.

Protection of information during research collaborations: The parties use it to protect information about a certain research project or the results of certain research.

Georgia Non-Disclosure Agreement FAQ

Yes, the NDA is a legally binding document in Georgia. However, all the parties taking on the obligation from the NDA must have the legal capacity.
No, the NDAs don’t have to be signed in front of a witness in Georgia. However, if the parties want to provide an additional level of authentication for the document, they might consider including the witness signature as well.
You can always decline to sign an NDA in Georgia. However, you should consider all the possible consequences of that action in terms of your relationship with the party issuing the NDA before refusing to sign it.