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Non-Disclosure Agreement for Illinois

Generate a non-disclosure agreement that complies with Illinois law — with 4 mandatory clauses and 7 compliance checks built in.

Key legal considerations

You are generating an NDA governed by Illinois law. Illinois follows the Illinois Trade Secrets Act (ITSA, 765 ILCS 1065). CRITICAL: Illinois has BIPA (740 ILCS 14), the nation's strictest biometric privacy law — if the NDA may cover biometric data (fingerprints, retina scans, facial geometry), include BIPA compliance language. BIPA provides a private right of action with statutory damages ($1,000–$5,000 per violation). For existing employees, courts may require additional consideration beyond continued employment. Always include the DTSA immunity notice.

What's required

Mandatory clauses for a valid non-disclosure agreement under Illinois law.

  • ITSA Trade Secret Definition

    765 ILCS 1065/2(d)

  • BIPA Biometric Data Carveout

    740 ILCS 14/15 (BIPA)

  • DTSA Immunity Notice

    18 U.S.C. § 1833(b) (DTSA Immunity)

  • Trade Secret Definition

    18 U.S.C. § 1836 (Defend Trade Secrets Act)

What's prohibited

Terms and provisions that are void or unenforceable under Illinois law.

  • Waiver of BIPA rights

    The Illinois Biometric Information Privacy Act provides a private right of action with statutory damages ($1,000 per negligent violation, $5,000 per intentional violation). Contractual waivers of BIPA rights are unenforceable as against public policy.

    740 ILCS 14/20

Legal references

Key statutes and regulations that govern non-disclosure agreements in Illinois.

  • Illinois Trade Secrets Act (ITSA)

    765 ILCS 1065/1 et seq.

    Illinois's trade secret protection statute providing civil remedies for misappropriation including injunctive relief, damages, and attorney's fees.

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  • Illinois Biometric Information Privacy Act (BIPA)

    740 ILCS 14/1 et seq.

    The nation's most stringent biometric data privacy law, requiring informed written consent for biometric data collection and providing a private right of action with statutory damages.

    View →
  • Defend Trade Secrets Act

    18 U.S.C. § 1836 et seq.

    Federal trade secret protection; provides civil cause of action for trade secret misappropriation.

    View →

Compliance checklist

Automated compliance checks for every Illinois non-disclosure agreement.

  • Trade secret definition aligns with ITSA (765 ILCS 1065/2)

    warning
  • BIPA compliance addressed if biometric data involved

    critical
  • Adequate consideration for existing employees

    warning
  • DTSA immunity notice included

    warning

+3 more compliance checks

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Frequently asked questions

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Contract.DIY is a document preparation service, not a law firm. Generated contracts are templates for informational purposes and do not constitute legal advice. We recommend having any contract reviewed by a qualified attorney before signing.