Download New Hampshire Non-Disclosure Agreement Template [PDF]

The New Hampshire non-disclosure agreement (NDA), or confidential disclosure agreement, is a legally binding document designed to protect certain sensitive information, such as business and trade secrets, intellectual property, information about clients, and other types of information that the parties want to keep confidential.

What is a Trade Secret in New Hampshire?

A trade secret in New Hampshire is confidential information that describes the structure and organization of a certain business, is not accessible to the general public or competitors, is considered to be the competitive advantage of that business, and is therefore not shared with the public.

Types of Non-Disclosure Agreements

The main types of non-disclosure agreement forms are unilateral and mutual NDAs. The main differentiating factor between these two types lies in who takes on the responsibility of keeping the shared information confidential.

With the unilateral NDA, only one party is obliged to keep the shared information confidential, while the mutual NDA forms such an obligation for all parties signing the document.

Legal Requirements for New Hampshire Non-Disclosure Agreement

Here, you can find the legal requirements regulating the New Hampshire non-disclosure agreement template:

Mandatory Requirements

Statutes: 350-B
Definitions: § 350-B:1
Statute of limitations: An action for misappropriation shall be brought within three years after the misappropriation is discovered. (§ 350-B:6)

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

In New Hampshire, the non-disclosure agreement can be used in the following situations:

NDA Uses and Scopes

Protection of confidential business information: Business entities can use the NDA to protect their confidential business information during their interactions with business partners, suppliers, vendors, employees, and other third parties.
Protection of intellectual property: Used during the development process of a certain intellectual property before it gets formal protection from the intellectual property laws.
After the litigation settlement: The parties use the NDA to protect the details of their litigation settlement agreement.
Protection of client information: Businesses that have certain databases containing sensitive information about their clients use the NDA with the third parties that process this information.

New Hampshire Non-Disclosure Agreement FAQ

Yes, the NDA is a legally binding document in New Hampshire. It becomes legally binding once all the parties taking on the obligation of confidentiality sign it.
No, the New Hampshire NDA doesn’t need to be signed in front of a witness to be valid. However, the parties can always decide to include the witness signatures to confirm the authenticity of the document.
You can always decline to sign the NDA in New Hampshire. However, this action might have a potential negative impact on the relationship between you and the party issuing the NDA.