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Maryland Non-Disclosure Agreement

Not Attorney-ReviewedAuthor: Arjun AnnamalaiMethodology: Statutory Verification

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Maryland at a glance: Trade Secret Law: Maryland Uniform Trade Secrets Act, Md. Code, Com. Law § 11-1201 et seq. · Employee Protections: Non-competes restricted for lower-wage workers · Enforceability: Enforceable if reasonable in scope and duration

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Overview

Non-Disclosure Agreements in Maryland

Maryland enforces NDAs under general contract law and has adopted the Uniform Trade Secrets Act. Confidentiality restrictions must be reasonable in scope and duration to be enforceable. Maryland restricts non-compete and conflict-of-interest clauses for lower-wage employees under state law, so employers should ensure restrictive provisions bundled with NDAs comply with these protections.
Key Facts

Maryland Non-Disclosure Agreement — Quick Reference

RequirementMaryland Rule
Trade Secret LawMaryland Uniform Trade Secrets Act, Md. Code, Com. Law § 11-1201 et seq.
Employee ProtectionsNon-competes restricted for lower-wage workers
EnforceabilityEnforceable if reasonable in scope and duration
NotarizationNot required
Typical Duration1–5 years; indefinite for trade secrets
Legal Requirements

Maryland Legal Requirements

  • Restrictions must be reasonable in scope, time, and geographic area.
  • Must protect a legitimate business interest such as trade secrets or confidential information.
  • Non-compete provisions for lower-wage employees may be limited under Maryland law.
  • Cannot prevent disclosure of illegal conduct or activity protected under federal labor law.
Governing Laws

Maryland Governing Laws

Md. Code, Com. Law § 11-1201 et seq.
Maryland Uniform Trade Secrets Act
Defines trade secrets and provides remedies for misappropriation, including injunctive relief and damages, in Maryland.

Read the full text of these laws at Cornell Law School's Maryland legal resources or your state legislature's official website.

Questions & Answers

Maryland Non-Disclosure Agreement — Frequently Asked Questions

Are NDAs enforceable in Maryland?

Yes. Maryland enforces NDAs that are reasonable in scope and duration and that protect a legitimate business interest.

Does Maryland restrict non-compete agreements?

Yes, for lower-wage employees. Pure confidentiality provisions protecting trade secrets generally remain enforceable regardless of wage level.

Does Maryland have a trade secrets statute?

Yes. The Maryland Uniform Trade Secrets Act (Md. Code, Com. Law § 11-1201 et seq.) provides remedies for misappropriation.