Texas Non-Disclosure Agreement PDF
Texas at a glance: Enforceability: Enforceable if reasonable in scope and duration · Blue Pencil Doctrine: Courts may modify overly broad NDAs · Trade Secret Law: Texas Uniform Trade Secrets Act (TUTSA)
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Non-Disclosure Agreements in Texas
Texas courts enforce NDAs if they are reasonable in scope, duration, and geographic area, and if they protect a legitimate business interest. Texas follows the "blue pencil" doctrine — courts can modify (narrow) an unreasonable NDA rather than voiding it entirely.
Texas protects trade secrets under the Texas Uniform Trade Secrets Act (TUTSA). Non-disclosure obligations that are ancillary to an otherwise enforceable agreement (like an employment contract) are generally upheld if they are reasonable.
Texas Non-Disclosure Agreement — Quick Reference
| Requirement | Texas Rule |
|---|---|
| Enforceability | Enforceable if reasonable in scope and duration |
| Blue Pencil Doctrine | Courts may modify overly broad NDAs |
| Trade Secret Law | Texas Uniform Trade Secrets Act (TUTSA) |
| Non-Competes | Enforceable if ancillary to enforceable agreement |
| Governing Statute | Tex. Civ. Prac. & Rem. Code § 134A |
Texas Legal Requirements
- NDA must be ancillary to an otherwise enforceable agreement to be upheld.
- Restrictions must be reasonable in scope, geographic area, and duration.
- Must protect a legitimate business interest — trade secrets, confidential information, or goodwill.
- Courts may reform (blue pencil) unreasonable provisions rather than void the entire agreement.
Texas Governing Laws
Read the full text of these laws at Cornell Law School's Texas legal resources or your state legislature's official website.