Nevada Non-Disclosure Agreement (NDA) (2026)
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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What this document covers
- Mutual, one-way or employee NDA
- Purpose of disclosure and effective date
- Definition of Confidential Information and exclusions
- Marked-only or all non-public information
- Receiving party's duties and permitted disclosures
- Compelled disclosure and residuals
- Whistleblower, NLRA and Speak Out Act carve-outs
- DTSA notice and state employee-NDA language
- Term, return of materials and trade-secret survival
- Remedies, injunction, governing law and disputes
Nevada rules that this document follows
| Trade secret statute | Nevada Uniform Trade Secrets ActSource: NRS ch. 600A |
|---|---|
| NDA cannot cover | 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); settlement provisions preventing disclosure of facts of sexual offenses, discrimination or retaliation (NRS § 10.195); employee wage discussion (NRS § 613.330(1)(c))Source: NRS § 10.195 (2019); NRS § 613.330; 42 U.S.C. §§ 19401-19404; 29 U.S.C. § 157; 18 U.S.C. § 1833(b) |
| Non-compete status | limited — Void for hourly-paid employees; requires valuable consideration, reasonable scope; cannot bar servicing customers who voluntarily leave; unenforceable after reduction-in-force unless salary paid; courts must blue-pencil; fee-shiftingSource: NRS § 613.195 (as amended by AB 47, 2021) |
| Non-solicitation | Customer non-solicits permitted but cannot restrict serving former customers who seek out the employee; employee non-solicits under common lawSource: NRS § 613.195(2) |
| DTSA whistleblower notice | Included (required to recover exemplary damages/fees from employees and contractors)Source: 18 U.S.C. § 1833(b) |
Rules current as of 2026-10-27. Statutes change; verify before relying on them.
How to use this Non-Disclosure Agreement (NDA) in Nevada
Choose 'Mutual' when both sides will share information (partnerships, M&A talks) and 'One-way' for vendors, freelancers or investors receiving your data; tick the employee box for staff and applicants. 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 Nevada and under federal law such clauses are void and can taint the whole agreement.
Governing-law note: this NDA uses Nevada law and courts; an employee who lives and works in another state may be able to insist on that state's law (e.g., Cal. Lab. Code § 925).
Frequently asked questions
Is an NDA enforceable in Nevada?
Yes, when it protects legitimately confidential information for a reasonable time and purpose. Nevada protects trade secrets under the Nevada Uniform Trade Secrets Act (NRS ch. 600A).
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); settlement provisions preventing disclosure of facts of sexual offenses, discrimination or retaliation (NRS § 10.195); employee wage discussion (NRS § 613.330(1)(c)). 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)).
Can the NDA stop the other side from hiring my employees?
A narrow clause is optional: it covers only employees directly involved in the Purpose, lasts 12 months and is tied to the collaboration, which is what courts and antitrust regulators expect (NRS § 613.195(2)).
Other names
- confidentiality agreement
- mutual NDA
- one-way NDA
- employee confidentiality agreement
- non-disclosure form
- secrecy agreement
- confidential disclosure agreement
- CDA
Related documents
- Commercial Lease Agreement — Nevada
- Demand Letter — Nevada
- Bill of Sale — Nevada
- Promissory Note — Nevada
- All Nevada forms →
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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.
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