New York Non-Disclosure Agreement Template

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A New York non-disclosure agreement is a legal contract put in place to protect confidential information from being misused by those who gain access to it. By signing an NDA, the receiving party agrees not to divulge the sensitive information to unauthorized parties or use it for their own benefit.

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New York Non-Disclosure Agreement Template

Last updated February 11th, 2026

A New York non-disclosure agreement is a legal contract put in place to protect confidential information from being misused by those who gain access to it. By signing an NDA, the receiving party agrees not to divulge the sensitive information to unauthorized parties or use it for their own benefit.

Breach of NDA

An act governing the misappropriation of confidential information, or “trade secrets,” has not yet been established in New York. As such, misappropriation cases will be ruled by common law. The time limit for seeking damages is generally three years from the discovery of a breach in the agreement.[1]

Trade Secret: Defined

New York courts take six factors into consideration to determine if the sensitive information is a trade secret:

  1. The economic value the information is to the business and its competitors.
  2. The amount of resources invested in developing the trade secret.
  3. If reasonable measures have been taken to keep the information private.
  4. If the information is known outside of the business.
  5. Whether the information is only disclosed to employees and those within the company.
  6. How difficult it would be for others to develop the same information.

New York NDA (preview)

Sources

  1. Trade Secrets – NY Bar