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New Jersey Non-Disclosure Agreement
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New Jersey at a glance: Trade Secret Law: New Jersey Trade Secrets Act, N.J. Stat. § 56:15-1 et seq. · Employee Protections: NDAs restricted in discrimination/harassment settlements · Enforceability: Enforceable if reasonable in scope and duration
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Overview
Non-Disclosure Agreements in New Jersey
New Jersey enforces NDAs under general contract law and its own Trade Secrets Act. Confidentiality restrictions must be reasonable in scope and duration to be enforceable.
New Jersey restricts the use of NDAs in employment discrimination and harassment settlements under amendments to the Law Against Discrimination, similar to protections adopted in New York and California.
Key Facts
New Jersey Non-Disclosure Agreement — Quick Reference
| Requirement | New Jersey Rule |
|---|---|
| Trade Secret Law | New Jersey Trade Secrets Act, N.J. Stat. § 56:15-1 et seq. |
| Employee Protections | NDAs restricted in discrimination/harassment settlements |
| Enforceability | Enforceable if reasonable in scope and duration |
| Notarization | Not required |
| Typical Duration | 1–5 years; indefinite for trade secrets |
Legal Requirements
New Jersey 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.
- Cannot be used to conceal claims of discrimination, harassment, or retaliation under the Law Against Discrimination.
- Cannot prevent disclosure of illegal conduct or activity protected under federal labor law.
Governing Laws
New Jersey Governing Laws
N.J. Stat. § 56:15-1 et seq.
New Jersey Trade Secrets Act
Defines trade secrets and provides remedies for misappropriation, including injunctive relief and damages, in New Jersey.
N.J. Stat. § 10:5-12.8
NDA Restrictions in Discrimination Claims
Limits the enforceability of confidentiality provisions that would conceal details of a discrimination, harassment, or retaliation claim.
Read the full text of these laws at Cornell Law School's New Jersey legal resources or your state legislature's official website.
Questions & Answers
New Jersey Non-Disclosure Agreement — Frequently Asked Questions
Are NDAs enforceable in New Jersey?
Yes. New Jersey enforces NDAs that are reasonable in scope and duration and that protect a legitimate business interest.
Does New Jersey restrict NDAs in harassment cases?
Yes. New Jersey law limits confidentiality provisions that would conceal the details of a discrimination, harassment, or retaliation claim.
Does New Jersey have a trade secrets statute?
Yes. The New Jersey Trade Secrets Act (N.J. Stat. § 56:15-1 et seq.) provides remedies for misappropriation of confidential information.