South Carolina Non-Disclosure Agreement PDF
South Carolina at a glance: Trade Secret Law: South Carolina Trade Secrets Act, S.C. Code § 39-8-10 et seq. · Blue Pencil Doctrine: Generally not available — strict construction · Enforceability: Enforceable if reasonable in scope and duration
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Non-Disclosure Agreements in South Carolina
South Carolina enforces NDAs under general contract law and its own Trade Secrets Act. Confidentiality restrictions must be reasonable in scope and duration to be enforceable.
South Carolina courts strictly construe non-compete provisions and, like North Carolina, generally will not blue-pencil an overly broad agreement, making careful drafting important.
South Carolina Non-Disclosure Agreement — Quick Reference
| Requirement | South Carolina Rule |
|---|---|
| Trade Secret Law | South Carolina Trade Secrets Act, S.C. Code § 39-8-10 et seq. |
| Blue Pencil Doctrine | Generally not available — strict construction |
| Enforceability | Enforceable if reasonable in scope and duration |
| Notarization | Not required |
| Typical Duration | 1–5 years; indefinite for trade secrets |
South Carolina Legal Requirements
- Restrictions must be reasonable in scope, time, and geographic area — strictly enforced.
- Must protect a legitimate business interest such as trade secrets or confidential information.
- Overly broad restrictions risk being voided entirely rather than narrowed by the court.
- Cannot prevent disclosure of illegal conduct or activity protected under federal labor law.
South Carolina Governing Laws
Read the full text of these laws at Cornell Law School's South Carolina legal resources or your state legislature's official website.