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Massachusetts Non-Disclosure Agreement PDF
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Massachusetts at a glance: Trade Secret Law: Massachusetts Trade Secrets Act, Mass. Gen. Laws ch. 93, § 42 · Non-Compete Law: Noncompetition Agreement Act, Mass. Gen. Laws ch. 149, § 24L · Enforceability: Pure NDAs enforceable if reasonable
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Overview
Non-Disclosure Agreements in Massachusetts
Massachusetts enforces NDAs under general contract law and its own Trade Secrets Act. Confidentiality restrictions must be reasonable in scope and duration to be enforceable.
Massachusetts' Noncompetition Agreement Act imposes specific requirements on non-compete provisions, including advance notice and garden leave pay obligations — but these requirements generally do not extend to standalone confidentiality/NDA provisions that do not restrict future employment.
Key Facts
Massachusetts Non-Disclosure Agreement — Quick Reference
| Requirement | Massachusetts Rule |
|---|---|
| Trade Secret Law | Massachusetts Trade Secrets Act, Mass. Gen. Laws ch. 93, § 42 |
| Non-Compete Law | Noncompetition Agreement Act, Mass. Gen. Laws ch. 149, § 24L |
| Enforceability | Pure NDAs enforceable if reasonable |
| Notarization | Not required |
| Typical Duration | 1–5 years; indefinite for trade secrets |
Legal Requirements
Massachusetts Legal Requirements
- Standalone confidentiality provisions must be reasonable in scope, time, and geographic area.
- Must protect a legitimate business interest such as trade secrets or proprietary information.
- Non-compete provisions (distinct from pure confidentiality clauses) require notice and garden leave pay under the Noncompetition Agreement Act.
- Cannot prevent disclosure of illegal conduct or activity protected under federal labor law.
Governing Laws
Massachusetts Governing Laws
Mass. Gen. Laws ch. 93, § 42
Massachusetts Trade Secrets Act
Defines trade secrets and provides remedies for misappropriation, including injunctive relief and damages, in Massachusetts.
Mass. Gen. Laws ch. 149, § 24L
Massachusetts Noncompetition Agreement Act
Requires notice periods and garden leave pay for non-compete agreements entered into with Massachusetts employees.
Read the full text of these laws at Cornell Law School's Massachusetts legal resources or your state legislature's official website.
Questions & Answers
Massachusetts Non-Disclosure Agreement — Frequently Asked Questions
Are NDAs enforceable in Massachusetts?
Yes. Standalone confidentiality agreements are enforceable if reasonable and tied to a legitimate business interest. Non-compete provisions are subject to additional statutory requirements.
Does Massachusetts require garden leave pay for NDAs?
Garden leave pay requirements apply to non-compete agreements under the Noncompetition Agreement Act, not to pure confidentiality/NDA provisions that don't restrict future employment.
Does Massachusetts have a trade secrets law?
Yes. The Massachusetts Trade Secrets Act (Mass. Gen. Laws ch. 93, § 42) provides remedies for misappropriation of confidential information.