District of Columbia Non-Disclosure Agreement (NDA)

Mutual or one-way NDA with trade-secret protection, lawful carve-outs and the federal whistleblower notice, tuned to your state.

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District of Columbia rules that this document follows

Trade secret statuteD.C. Uniform Trade Secrets ActSource: D.C. Code §§ 36-401 to 36-410
NDA cannot coverpre-dispute sexual harassment/assault claims (federal Speak Out Act, 42 U.S.C. §§ 19401-19404); employee wage/working-condition discussion (NLRA § 7; McLaren Macomb, 372 NLRB No. 58 (2023)); reports to government agencies/whistleblowing (SEC Rule 21F-17; 18 U.S.C. § 1833(b) immunity); employee wage discussion (D.C. Code § 32-1451 et seq., Wage Transparency Act)Source: D.C. Code § 32-1452; 42 U.S.C. §§ 19401-19404; 29 U.S.C. § 157; 18 U.S.C. § 1833(b)
Non-compete statuslimited — Banned for employees earning < $162,164 (2026, indexed); medical specialists < $250,000 (indexed); allowed covenants must specify scope, geography and ≤ 365 days; 14-day notice; broadcast employees fully protectedSource: D.C. Code §§ 32-581.01 to 32-581.05 (Non-Compete Clarification Amendment Act, eff. Oct. 1, 2022)
Non-solicitationCustomer and employee non-solicits are not 'non-compete provisions' and remain enforceable under common lawSource: D.C. Code § 32-581.01(4)(B)
DTSA whistleblower noticeIncluded (required to recover exemplary damages/fees from employees and contractors)Source: 18 U.S.C. § 1833(b)

Rules current as of 2026-09-07. Statutes change; verify before relying on them.

How to use this Non-Disclosure Agreement (NDA) in District of Columbia

Choose 'Mutual' when both sides will share information (partnerships, M&A talks) and 'One-way' for vendors, freelancers or investors receiving your data. Keep the confidentiality period to 2–5 years for ordinary information; trade secrets stay protected as long as they remain secret.

Do not use an NDA to prevent someone from reporting harassment or illegal conduct — in District of Columbia and under federal law such clauses are void and can taint the whole agreement.

Frequently asked questions

Is an NDA enforceable in District of Columbia?

Yes, when it protects legitimately confidential information for a reasonable time and purpose. District of Columbia enforces trade-secret protection under D.C. Uniform Trade Secrets Act (D.C. Code §§ 36-401 to 36-410).

What can an NDA not silence?

pre-dispute sexual harassment/assault claims (federal Speak Out Act, 42 U.S.C. §§ 19401-19404); employee wage/working-condition discussion (NLRA § 7; McLaren Macomb, 372 NLRB No. 58 (2023)); reports to government agencies/whistleblowing (SEC Rule 21F-17; 18 U.S.C. § 1833(b) immunity); employee wage discussion (D.C. Code § 32-1451 et seq., Wage Transparency Act). Section 4 of this NDA carves these out so the agreement stays enforceable.

Why is the DTSA whistleblower notice included?

Without the notice, an employer cannot recover exemplary damages or attorneys' fees against an employee or contractor under the Defend Trade Secrets Act (18 U.S.C. § 1833(b)).

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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.