How does RCW 49.62 affect NDAs?

NDAs functioning as de facto non-competes trigger strict requirements including compensation thresholds and 18-month limits.

Can a Washington NDA include a non-compete?

Only above the compensation threshold, with 18-month max. Courts void violations entirely.

What trade secret protections does Washington offer?

WUTSA provides injunctive relief, actual damages, and attorney's fees for willful misappropriation.

Non-Disclosure Agreement for Washington

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Washington legal context

Washington follows WUTSA for trade secret protection. RCW 49.62 heavily restricts non-competition covenants with compensation thresholds and 18-month limits.

What's required

WUTSA Trade Secret Definition
RCW 19.108.010
DTSA Immunity Notice
18 U.S.C. § 1833(b) (DTSA Immunity)
Non-Compete Restriction Notice
RCW 49.62.020
Trade Secret Definition
18 U.S.C. § 1836 (Defend Trade Secrets Act)

What's prohibited

Overly broad confidentiality that functions as a non-compete
Washington's non-compete statute (RCW 49.62) restricts non-competition covenants. NDAs that are so broad they effectively prevent an employee from working in their field may be recharacterized as unenforceable non-competes. Employees earning less than the statutory threshold (adjusted annually) cannot be bound by non-competes.
Restrictions on government reporting or whistleblowing
Washington law protects employees who report suspected violations to government agencies. NDAs cannot restrict lawful whistleblower activity under the Washington State Whistleblower Act.

Key WA statutes

WUTSA
RCW 19.108
Trade secret definitions, misappropriation claims, and remedies.
Non-Competition Covenants Act
RCW 49.62
Strict non-compete restrictions with thresholds and 18-month max.
DTSA
18 U.S.C. §§ 1833-1839
Federal whistleblower immunity notice required.

Washington-specific considerations

Strict Non-Compete
RCW 49.62 requires compensation above threshold, 18-month max, garden-leave.
No Blue-Pencil
Courts void overbroad non-competes entirely.
Whistleblower Protections
Cannot restrict reporting to government agencies.
Independent Consideration
May be required for existing employees beyond continued employment.