Download South Carolina Non-Disclosure Agreement Template [PDF]

The South Carolina non-disclosure agreement (NDA), or confidential disclosure agreement, is a legal document that defines the confidential information of the parties signing the document and forms an obligation for the parties signing it not to share confidential information (such as trade secrets) with the public.

What is a Trade Secret in South Carolina?

A trade secret in South Carolina is confidential information about the structure, operation, and organization of a certain business entity that is not accessible to the general public and is therefore kept confidential as that business’s competitive advantage on the market.

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 which party takes on the responsibility of keeping the shared information confidential.

The unilateral NDA forms an obligation only for the party signing the document, while the mutual NDA forms an obligation for all the parties, including the party issuing the document.

Legal Requirements for South Carolina Non-Disclosure Agreement

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

Mandatory Requirements

Statutes: § 39-8-10 to 39-8-130
Definitions: § 39-8-20
Time limit for bringing action: An action for misappropriation must be brought within three years after the misappropriation is discovered. (§ 39-8-70)

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

The South Carolina non-disclosure agreement can be used in different situations depending on the level of confidentiality of the information they want to protect, the type of information, the person who signs the NDA, and more.

Therefore, here you can find the most common reasons for creating the NDA:

NDA Uses and Scopes

Protection of business and trade secrets: The NDA can be used for the protection of business and trade secrets shared during the interaction with business partners, vendors, suppliers, and other third parties.
Protection of intellectual property: The NDA can also be used for protecting the creative work, software, inventions, and other types of intellectual property other parties have access to during their interaction with the party issuing the NDA.
Protection of information after litigation: Parties can use the NDA to protect sensitive information from their litigation settlement agreement.
Protection of information during employment: The NDA is often signed along with the employment agreement. The employer will issue the NDA to protect the information their employees get access to during the employment period.

South Carolina Non-Disclosure Agreement FAQ

Yes, the NDA is a legally binding document in South Carolina. However, all parties taking on the obligation from the NDA must have legal capacity when signing the document.
No, the South 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 signatures to additionally confirm the authenticity of the document.
Yes, you can decline to sign the NDA in South Carolina. However, you should consider all the aspects of this action, especially the possibility of affecting the relationship between you and the party issuing the NDA.