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Washington Non-Disclosure Agreement

Not Attorney-ReviewedAuthor: Arjun AnnamalaiMethodology: Statutory Verification

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Washington at a glance: Trade Secret Law: Washington Uniform Trade Secrets Act, Wash. Rev. Code § 19.108.010 et seq. · Employee Protections: Non-competes restricted below income threshold (RCW 49.62) · Enforceability: Enforceable if reasonable in scope and duration

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Overview

Non-Disclosure Agreements in Washington

Washington 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. Washington restricts non-compete agreements below a statutory income threshold, so employers should ensure any restrictive provisions bundled with confidentiality obligations comply with this protection.
Key Facts

Washington Non-Disclosure Agreement — Quick Reference

RequirementWashington Rule
Trade Secret LawWashington Uniform Trade Secrets Act, Wash. Rev. Code § 19.108.010 et seq.
Employee ProtectionsNon-competes restricted below income threshold (RCW 49.62)
EnforceabilityEnforceable if reasonable in scope and duration
NotarizationNot required
Typical Duration1–5 years; indefinite for trade secrets
Legal Requirements

Washington 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 below the statutory income threshold are void under Washington law.
  • Cannot prevent disclosure of illegal conduct or activity protected under federal labor law.
Governing Laws

Washington Governing Laws

Wash. Rev. Code § 19.108.010 et seq.
Washington Uniform Trade Secrets Act
Defines trade secrets and provides remedies for misappropriation, including injunctive relief and damages, in Washington.
Wash. Rev. Code § 49.62
Non-Compete Restrictions
Voids non-compete agreements for employees earning below a statutory income threshold, adjusted annually.

Read the full text of these laws at Cornell Law School's Washington legal resources or your state legislature's official website.

Questions & Answers

Washington Non-Disclosure Agreement — Frequently Asked Questions

Are NDAs enforceable in Washington?

Yes. Washington enforces NDAs that are reasonable in scope and duration and that protect a legitimate business interest.

Does Washington restrict non-compete agreements?

Yes, non-competes are void for employees earning below a statutory income threshold. Confidentiality provisions protecting trade secrets remain enforceable.

Does Washington have a trade secrets statute?

Yes. The Washington Uniform Trade Secrets Act (Wash. Rev. Code § 19.108.010 et seq.) provides remedies for misappropriation.