The Washington non-disclosure agreement (NDA) is a form used to prevent the misappropriation of trade secrets and other confidential information. The disclosing party, in this case, will demand that the receiving party not use the confidential or proprietary information to their benefit. The agreement also states that the receiving party shall hold and maintain the information in the strictest confidence to avoid the dissemination to third parties and competing businesses. Confidential information can be described as any information or material that has or could have value in the field in which the owner is engaged.

Laws – Chapter 19.108 RCW-Uniform Trade Secrets Act

Misappropriation – 19.108.030 A complainant may recover damages caused by misappropriation of confidential information and from the unjust enrichment of competitors. If the information was misappropriated in bad faith, the complainant may recover attorney’s fees as well in accordance with 19.108.040.

Trade Secret Definition (19.108.010) – “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.