Download Vermont Non-Disclosure Agreement Template [PDF]

The Vermont non-disclosure agreement (NDA), or confidential disclosure agreement, is a legally binding document designed to protect confidential and sensitive information, such as information about the operation and structure of a certain business entity, business and trade secrets, client information, and more.

What is a Trade Secret in Vermont?

In Vermont, a trade secret is proprietary information that is essential for the operation or success of a certain business entity, is not publicly known, and is kept confidential as the competitive advantage of that business entity on the market.

Types of Non-Disclosure Agreements

This section outlines two main types of non-disclosure agreement forms based on who takes on the responsibility of keeping the exchanged information confidential:

Two Types of Non-Disclosure Agreements

Unilateral NDA: This type creates an obligation only for the party signing the document. By signing the document, they accept the obligation not to share the confidential information they gained access to during their interaction with the party issuing the NDA.
Mutual NDA: Here, all the parties to the NDA accept the obligation of keeping the shared information confidential, including the party issuing the NDA.

Legal Requirements for Vermont Non-Disclosure Agreement

In this section, you can see the state laws and requirements for the Vermont non-disclosure agreement template:

Mandatory Requirements

Statutes: § 4601 to 4609
Definitions: § 4601
Statute of limitations: An action for misappropriation of trade secrets under 9 V.S.A. chapter 143 shall be commenced within six years after the cause of action accrues. (§ 523)

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

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

NDA Uses and Scopes

Protection of confidential business information: Business entities often use the NDA to protect the sensitive business information they exchange with their business partners, vendors, suppliers, and other third parties.
After the litigation settlement: Parties can also use the NDA to protect the details of their litigation settlement agreement.
Protection of intellectual property: The parties also use the NDA to protect their creative work, software, inventions, and other types of intellectual property during its development process before it gets official protection from the intellectual property laws.
Protection of client information: Businesses that have certain confidential information about their clients use the NDA to protect them in case they must share this information with the third parties that process it.

Vermont Non-Disclosure Agreement FAQ

Yes, the NDA is a legally binding document in Vermont. However, for the document to be fully legally binding for all the parties, each party must have the legal capacity to sign it.
No, the Vermont NDA doesn’t need to be signed in front of a witness to be valid. However, the parties are free to include the witness signatures if they want to additionally confirm the authenticity of the document.
Yes, you can always decline to sign the NDA in Vermont. However, before doing so, you should consider all the consequences this action might have in terms of your relationship with the party issuing the NDA.