Nebraska 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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Nebraska rules that this document follows

Trade secret statuteNebraska Trade Secrets Act (UTSA)Source: Neb. Rev. Stat. §§ 87-501 to 87-507
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)Source: 42 U.S.C. §§ 19401-19404; 29 U.S.C. § 157; 18 U.S.C. § 1833(b)
Non-compete statuslimited — Common law: only restrictions on soliciting customers the employee personally dealt with are enforceable; no blue-pencil; healthcare-staffing limits eff. July 1, 2026 (LB 921)Source: H&R Block Tax Services v. Circle A Enterprises, 269 Neb. 411 (2005); LB 921 (2026)
Non-solicitationCustomer non-solicits limited to customers with whom the employee actually did business; employee non-solicits generally enforceableSource: Polly v. Ray D. Hilderman & Co., 225 Neb. 662 (1987)
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 Nebraska

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 Nebraska and under federal law such clauses are void and can taint the whole agreement.

Frequently asked questions

Is an NDA enforceable in Nebraska?

Yes, when it protects legitimately confidential information for a reasonable time and purpose. Nebraska enforces trade-secret protection under Nebraska Trade Secrets Act (UTSA) (Neb. Rev. Stat. §§ 87-501 to 87-507).

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). 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.