Rhode Island 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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Rhode Island rules that this document follows
| Trade secret statute | Rhode Island Uniform Trade Secrets ActSource: R.I. Gen. Laws §§ 6-41-1 to 6-41-11 |
|---|---|
| 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); employee wage discussion (R.I. Gen. Laws § 28-6-18(e))Source: R.I. Gen. Laws § 28-6-18; 42 U.S.C. §§ 19401-19404; 29 U.S.C. § 157; 18 U.S.C. § 1833(b) |
| Non-compete status | limited — Void for non-exempt employees, students/interns, employees 18 or under, and low-wage employees earning ≤ 250% FPL ($39,900 in 2026); physicians barred (§ 5-37-33); S2160 ($125,000 threshold) pendingSource: R.I. Gen. Laws §§ 28-59-1 to 28-59-3; § 5-37-33 |
| Non-solicitation | Expressly excluded from ch. 28-59; enforceable under common lawSource: R.I. Gen. Laws § 28-59-2(4) |
| 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 2026-09-07. Statutes change; verify before relying on them.
How to use this Non-Disclosure Agreement (NDA) in Rhode Island
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 Rhode Island and under federal law such clauses are void and can taint the whole agreement.
Frequently asked questions
Is an NDA enforceable in Rhode Island?
Yes, when it protects legitimately confidential information for a reasonable time and purpose. Rhode Island enforces trade-secret protection under Rhode Island Uniform Trade Secrets Act (R.I. Gen. Laws §§ 6-41-1 to 6-41-11).
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 (R.I. Gen. Laws § 28-6-18(e)). 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)).
Related documents
- Promissory Note — Rhode Island
- Independent Contractor Agreement — Rhode Island
- LLC Operating Agreement — Rhode Island
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