Download North Carolina Non-Disclosure Agreement Template [PDF]

The New Jersey non-disclosure agreement (NDA), or confidential disclosure agreement, is a legal document that sets the terms and conditions for the protection of confidential information and trade secrets shared between the parties to this agreement.

What is a Trade Secret in North Carolina?

A trade secret in North Carolina is confidential information that describes the structure, organization, or operation of a certain business, is not accessible to the general public, and is considered a competitive advantage of that business on the market.

Types of Non-Disclosure Agreements

In North Carolina, there are two types of non-disclosure agreement forms, depending 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 signing the NDA and accepting the obligation of keeping the shared information confidential. It is mostly used by companies that want to protect the information their employees get access to during their employment.
Mutual NDA: Here, all the parties are taking on the obligation of keeping the shared information confidential.

Legal Requirements for North Carolina Non-Disclosure Agreement

Here, you can find the state regulations for the North Carolina non-disclosure agreement template:

Mandatory Requirements

Statutes: Article 24 – Trade Secrets Protection Act
Definitions: § 66-152
Statute of limitations: An action for misappropriation of a trade secret must be commenced within three years after the misappropriation complained of is or reasonably should have been discovered. (§ 66-157)

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

In North Carolina, the non-disclosure agreement can be used in various situations, depending on what type of information the parties want to protect.

Therefore, this section will outline the most common reasons for issuing the NDA:

NDA Uses and Scopes

Protection of business information: The NDA is mostly used in business interactions where the party issuing the NDA wants to protect certain confidential information they have shared with their business partners, vendors, suppliers, and other parties.
Protection of information during employment: The NDA is also often signed along with the employment agreement. Employers use it to protect the confidential information their employees get access to during the employment period.
Protection of information during mergers and acquisitions: Used to protect the sensitive information shared between the parties during the merger and acquisition process.
Protection of intellectual property: Used by parties that want to protect their software, inventions, creative work, and other types of intellectual property before they get formal protection from the intellectual property laws and regulations.

North Carolina Non-Disclosure Agreement FAQ

Yes, the NDA is a legally binding document in North Carolina. However, all the parties signing it must have legal capacity. Otherwise, the document won’t be binding for them.
No, the North Carolina 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's signature to additionally confirm the authenticity of the document.
Yes, you can always decline to sign the NDA in North Carolina. However, you should keep in mind that this action might affect the relationship between you and the party issuing the NDA.