Non-Disclosure Agreements

A promise not to disclose a former employer’s confidential business information and trade secrets is not a covenant not to compete. This means that the requirements applicable to Texas non-competes do not to apply.

Under Texas law, a non-disclosure agreement is enforceable even if it is coupled with an unenforceable non compete agreement or invalid non-solicitation provision. Further, even if an employee does not sign a non-disclosure agreement, many Texas employees are under a common law duty not to disclose an employer’s trade secrets.

For information on Texas covenants not to compete, please click here.