The New Hampshire non-disclosure agreement (NDA) is a legal agreement that is usually presented by an employer to their employees as a protective measure to prohibit them from disclosing confidential business information or using trade secrets for their own profit. The definition of confidential information is stated in the document, as is the employee’s obligations not to disclose any trade secrets. Once the employee has signed the document, they will be bound to the agreement until the confidential information no longer qualifies as a trade secret or they are released from the agreement.
Misappropriation (§ 350-B:3, § 350-B:4) – In a case of misappropriation, the complainant is entitled to recover damages that may include both the actual loss and the unjust enrichment of the offender. The court may award the complainant with up to two (2) times the determined amount of damages if willful and malicious misappropriation exists.
Trade Secret Definition (§ 350-B:1) – “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(a) 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
(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.