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Are non-disclosure agreements enforceable in California?

Yes, non-disclosure agreements are generally enforceable in California if properly drafted and executed by the contractor. Non-disclosure agreements are intended to protect the business’ confidential information and trade secrets.

For a trade secret to qualify for protection it generally must be:

  1. formula, pattern, device, technique, etc.
  2. that derives independent economic value from not being publicly known and
  3. is subject to reasonable measures to protect its secrecy.]

You can read more about these requirements at Civil Code §3426.1(d)

One area where you may run into an issue with the enforceability of a non-disclosure agreement is if the language used is too broad.

Depending on the contents of the non-disclosure agreement and the nature of the breach, you may be able to get injunctive relief and damages awarded by the courts.

The next step would be to have an attorney review your non-disclosure agreement for sufficiency and enforceability. They will then be able to explain your options for enforcing the agreement. LawTrades can connect you with a skilled attorney from our network of vetted practitioners for a free 20 minute consultation.