Delaware Non-Disclosure Agreement Template

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Delaware Non-Disclosure Agreement Template

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Last updated March 2nd, 2026

A Delaware non-disclosure agreement establishes an arrangement between two parties prohibiting the unauthorized disclosure of trade secrets or other confidential information. When only one party is sharing information in the arrangement, the NDA is unilateral. If both parties are exchanging trade secrets throughout the agreement term, the NDA is mutual.

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A Delaware non-disclosure agreement establishes an arrangement between two parties prohibiting the unauthorized disclosure of trade secrets or other confidential information. When only one party is sharing information in the arrangement, the NDA is unilateral. If both parties are exchanging trade secrets throughout the agreement term, the NDA is mutual.

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Breach of NDA

If a breach occurs, the defaulting party can face legal action. In Delaware, the plaintiff has three years from the time of breach to file a claim.[1]

For trade secret misappropriation, claims must be filed within three years from the time of discovery.[2]

Trade Secret: Defined

Delaware statutes defines a trade secret as information that[3]:

  • Is economically valuable to the owner because it is not known by competitors.
  • Is being protected from unauthorized disclosure or misappropriation.

Delaware NDA (preview)

Sources

  1. § 8106(a)
  2. § 2006
  3. § 2001(4)