Are non-competes enforceable in Hawaii?

Outside the technology sector, reasonable non-competes can be enforceable. Inside tech businesses, Haw. Rev. Stat. § 480-4(d) makes non-competes and non-solicits unenforceable.

Are confidentiality clauses still enforceable in Hawaii tech?

Yes. The tech ban targets non-competes and non-solicits, not narrowly drafted confidentiality and trade secret clauses.

Non-Disclosure Agreement for Hawaii

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Hawaii legal context

Hawaii adopted the Uniform Trade Secrets Act at Haw. Rev. Stat. §§ 482B-1 to 482B-9. Hawaii has banned non-compete agreements in technology businesses since 2015 (Haw. Rev. Stat. § 480-4(d)), but confidentiality agreements remain enforceable. Outside the tech sector, Hawaii applies a common-law reasonableness test.

Key HI statutes

Hawaii Uniform Trade Secrets Act
Haw. Rev. Stat. §§ 482B-1 to 482B-9
UTSA-style trade secret framework.
Tech Non-Compete Ban
Haw. Rev. Stat. § 480-4(d)
Prohibits non-compete and non-solicit agreements in technology businesses.
DTSA
18 U.S.C. §§ 1833–1839
Federal whistleblower immunity notice required.

Hawaii-specific considerations

Tech Industry Non-Compete Ban
Non-compete and non-solicit agreements are unenforceable against employees of technology businesses.
Confidentiality Still Enforceable
Even in tech, narrow confidentiality and trade secret protections remain enforceable.
Common-Law Reasonableness Outside Tech
Restrictive covenants in non-tech sectors are evaluated for reasonableness in time, scope, and geography.