Washington NDA Template

Generate a non-disclosure agreement that complies with Washington law — including WUTSA trade secret definitions, strict non-compete restrictions under RCW 49.62, and mandatory whistleblower protections.

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Washington NDA law overview

Washington follows the Washington Uniform Trade Secrets Act (WUTSA, RCW 19.108) for trade secret protection. Washington's non-compete statute (RCW 49.62) is one of the strictest in the US — it heavily restricts non-competition covenants with compensation thresholds, duration limits, and garden-leave requirements. Washington courts void (rather than reform) overbroad non-competes.

Key considerations

What makes NDAs in Washington different from other states.

Strict Non-Compete Restrictions (RCW 49.62)

Employees must earn above an annually adjusted threshold. Non-competes cannot exceed 18 months, and employers must pay garden leave or provide additional consideration.

No Blue-Pencil Doctrine

Washington courts void overbroad non-competes entirely rather than reforming them. Precise drafting is essential.

Whistleblower Protections

Washington has robust whistleblower protections. NDAs cannot restrict reporting suspected violations to government agencies.

Independent Consideration

For existing employees, independent consideration beyond continued employment may be required for enforceable NDAs.

Governing statutes

Key laws that govern non-disclosure agreements in Washington.

Washington Uniform Trade Secrets Act (WUTSA)
RCW 19.108
Governs trade secret definitions, misappropriation claims, and remedies including injunctive relief and attorney's fees.
Non-Competition Covenants Act
RCW 49.62
Restricts non-competition agreements with compensation thresholds, 18-month maximum, and garden-leave requirements.
Defend Trade Secrets Act (Federal)
18 U.S.C. §§ 1833–1839
Federal trade secret protection requiring whistleblower immunity notice.