VA · NDA · Updated July 2026 · Free
Virginia Non-Disclosure Agreement
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Virginia at a glance: Trade Secret Law: Virginia Uniform Trade Secrets Act, Va. Code § 59.1-336 et seq. · Employee Protections: Non-competes banned for low-wage workers (Va. Code § 40.1-28.7:8) · Enforceability: Enforceable if reasonable in scope and duration
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Overview
Non-Disclosure Agreements in Virginia
Virginia 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.
Virginia bans non-compete agreements for low-wage employees, so employers should ensure any restrictive provisions bundled with confidentiality obligations comply with this protection.
Key Facts
Virginia Non-Disclosure Agreement — Quick Reference
| Requirement | Virginia Rule |
|---|---|
| Trade Secret Law | Virginia Uniform Trade Secrets Act, Va. Code § 59.1-336 et seq. |
| Employee Protections | Non-competes banned for low-wage workers (Va. Code § 40.1-28.7:8) |
| Enforceability | Enforceable if reasonable in scope and duration |
| Notarization | Not required |
| Typical Duration | 1–5 years; indefinite for trade secrets |
Legal Requirements
Virginia 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 cannot apply to low-wage employees under Virginia law.
- Cannot prevent disclosure of illegal conduct or activity protected under federal labor law.
Governing Laws
Virginia Governing Laws
Va. Code § 59.1-336 et seq.
Virginia Uniform Trade Secrets Act
Defines trade secrets and provides remedies for misappropriation, including injunctive relief and damages, in Virginia.
Va. Code § 40.1-28.7:8
Non-Compete Ban for Low-Wage Employees
Prohibits employers from entering into non-compete agreements with low-wage employees in Virginia.
Read the full text of these laws at Cornell Law School's Virginia legal resources or your state legislature's official website.
Questions & Answers
Virginia Non-Disclosure Agreement — Frequently Asked Questions
Are NDAs enforceable in Virginia?
Yes. Virginia enforces NDAs that are reasonable in scope and duration and that protect a legitimate business interest.
Does Virginia restrict non-compete agreements?
Yes, non-competes are banned for low-wage employees. Confidentiality provisions protecting trade secrets remain enforceable regardless of wage level.
Does Virginia have a trade secrets statute?
Yes. The Virginia Uniform Trade Secrets Act (Va. Code § 59.1-336 et seq.) provides remedies for misappropriation.