A Mississippi non-disclosure agreement (NDA) is a protective measure in the form of a legal document used to prevent dissemination of confidential information and trade secrets by a party who has received said information in confidence. This type of agreement can be useful for any business relationship, particularly and employer-employee relationship, to ensure the individual (receiving party) understands that improper use or disclosure of the company’s (disclosing party) trade secrets will result in punitive action in a court of law. Confidential information is described in the non-disclosure agreement so there is no room for interpretation as to what does and does not qualify. Furthermore, the receiving party’s obligations are outlined in the document to clarify what constitutes improper dissemination. Any breach of agreement, that is any use or disclosure of trade secrets, could be harmful to the disclosing party; therefore, damages and/or equitable relief may be sought.

Laws§ 75-26

Misappropriation (§ 75-26-3) – Both actual loss and unjust enrichment caused by misappropriation can lead to damages awarded to the injured party (§ 75-26-7) , in addition to reasonable attorney’s fees (§ 75-26-9).

Trade Secret Definition (§ 75-26-3) – Information that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (ii) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.