Massachusetts Non-Disclosure Agreement PDF
Massachusetts at a glance: Trade Secret Law: Massachusetts Trade Secrets Act, Mass. Gen. Laws ch. 93, § 42 · Non-Compete Law: Noncompetition Agreement Act, Mass. Gen. Laws ch. 149, § 24L · Enforceability: Pure NDAs enforceable if reasonable
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Non-Disclosure Agreements in Massachusetts
Massachusetts enforces NDAs under general contract law and its own Trade Secrets Act. Confidentiality restrictions must be reasonable in scope and duration to be enforceable.
Massachusetts' Noncompetition Agreement Act imposes specific requirements on non-compete provisions, including advance notice and garden leave pay obligations — but these requirements generally do not extend to standalone confidentiality/NDA provisions that do not restrict future employment.
Massachusetts Non-Disclosure Agreement — Quick Reference
| Requirement | Massachusetts Rule |
|---|---|
| Trade Secret Law | Massachusetts Trade Secrets Act, Mass. Gen. Laws ch. 93, § 42 |
| Non-Compete Law | Noncompetition Agreement Act, Mass. Gen. Laws ch. 149, § 24L |
| Enforceability | Pure NDAs enforceable if reasonable |
| Notarization | Not required |
| Typical Duration | 1–5 years; indefinite for trade secrets |
Massachusetts Legal Requirements
- Standalone confidentiality provisions must be reasonable in scope, time, and geographic area.
- Must protect a legitimate business interest such as trade secrets or proprietary information.
- Non-compete provisions (distinct from pure confidentiality clauses) require notice and garden leave pay under the Noncompetition Agreement Act.
- Cannot prevent disclosure of illegal conduct or activity protected under federal labor law.
Massachusetts Governing Laws
Read the full text of these laws at Cornell Law School's Massachusetts legal resources or your state legislature's official website.