SC · NDA · Updated July 2026 · Free
South Carolina Non-Disclosure Agreement PDF
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South Carolina at a glance: Trade Secret Law: South Carolina Trade Secrets Act, S.C. Code § 39-8-10 et seq. · Blue Pencil Doctrine: Generally not available — strict construction · Enforceability: Enforceable if reasonable in scope and duration
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Overview
Non-Disclosure Agreements in South Carolina
South Carolina enforces NDAs under general contract law and its own Trade Secrets Act. Confidentiality restrictions must be reasonable in scope and duration to be enforceable.
South Carolina courts strictly construe non-compete provisions and, like North Carolina, generally will not blue-pencil an overly broad agreement, making careful drafting important.
Key Facts
South Carolina Non-Disclosure Agreement — Quick Reference
| Requirement | South Carolina Rule |
|---|---|
| Trade Secret Law | South Carolina Trade Secrets Act, S.C. Code § 39-8-10 et seq. |
| Blue Pencil Doctrine | Generally not available — strict construction |
| Enforceability | Enforceable if reasonable in scope and duration |
| Notarization | Not required |
| Typical Duration | 1–5 years; indefinite for trade secrets |
Legal Requirements
South Carolina Legal Requirements
- Restrictions must be reasonable in scope, time, and geographic area — strictly enforced.
- Must protect a legitimate business interest such as trade secrets or confidential information.
- Overly broad restrictions risk being voided entirely rather than narrowed by the court.
- Cannot prevent disclosure of illegal conduct or activity protected under federal labor law.
Governing Laws
South Carolina Governing Laws
S.C. Code § 39-8-10 et seq.
South Carolina Trade Secrets Act
Defines trade secrets and provides remedies for misappropriation, including injunctive relief and damages, in South Carolina.
Read the full text of these laws at Cornell Law School's South Carolina legal resources or your state legislature's official website.
Questions & Answers
South Carolina Non-Disclosure Agreement — Frequently Asked Questions
Are NDAs enforceable in South Carolina?
Yes, but courts strictly require the restrictions to be reasonable in scope, time, and geography. South Carolina generally will not modify an overly broad provision.
What happens if a South Carolina NDA is too broad?
South Carolina courts typically void unreasonable restrictions entirely rather than narrowing them, making careful, reasonable drafting especially important.
Does South Carolina have a trade secrets law?
Yes. The South Carolina Trade Secrets Act (S.C. Code § 39-8-10 et seq.) provides remedies for misappropriation of confidential information.