Download Hawaii Non-Disclosure Agreement Template [PDF]

The Hawaii non-disclosure agreement (NDA), or confidential disclosure agreement, is a legally binding document designed to protect certain information, such as business or trade secrets, intellectual property, customer information, and other types of information that the parties don’t want to make accessible to third parties.

What is a Trade Secret in Hawaii?

In Hawaii, a trade secret is a certain method, practice, or other type of information that is considered confidential and crucial to a certain business and its success and position on the market.

Types of Non-Disclosure Agreements

This section presents two 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 under the obligation to keep the shared information confidential. This type is mostly used between companies and their employees, so the companies can protect the sensitive data employees come across during their employment period.
Mutual NDA: This type of NDA creates the obligation of keeping the information confidential for all the parties that sign the document.

Legal Requirements for Hawaii Non-Disclosure Agreement

This section outlines all the legal requirements for the non-disclosure agreement template in Hawaii:

Mandatory Requirements

Statutes: § 482B-1 to 482B-9
Definitions: § 482B-2
Statute of limitations: An action for misappropriation must be brought within three years after the misappropriation is discovered. (§ 482B-7)

What Can a Non-Disclosure Agreement Be Used For in Hawaii?

In Hawaii, the non-disclosure agreement template can be used for the following purposes:

NDA Uses and Scopes in Hawaii

Protection of business and trade secrets: Used by business entities to protect their confidential information during negotiations with third parties, suppliers and vendors, employees, and others.
Protection of intellectual property: Used during the development of a certain intellectual property before it gets official protection from the aspect of intellectual property laws.
Protection of client data: Businesses that have certain databases containing sensitive information about their clients use this type of NDA to protect it in situations where they have to share this data with the third parties that process this information.
After the litigation settlement: The parties can use this type of NDA to keep the terms of their settlement agreement confidential.

Hawaii Non-Disclosure Agreement FAQ

Yes, the NDA is a legally binding document in Hawaii. All the parties signing it must have legal capacity, so the document can be binding for them. It becomes legally binding the moment all the parties to whom the non-disclosure obligation applies sign it.
The Hawaii NDA doesn’t need to be signed in front of witnesses. However, the parties might consider including the witness's signature to provide an additional acknowledgment of the agreement’s authenticity.
You can always decline to sign an NDA in Hawaii. However, when doing so, you should also consider the consequences this action might have in terms of your relationship with the party issuing the NDA.