Affidavit Of Non Disclosure for the United States

Affidavit Of Non Disclosure Template for United States

An Affidavit of Non-Disclosure is a legally binding sworn statement made under oath in the United States, where an individual formally declares their commitment to maintain confidentiality of specific information. This document, which must be notarized, provides a formal record of the declarant's understanding of their obligations to protect sensitive information and can be used as evidence in legal proceedings if confidentiality is breached.

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What is a Affidavit Of Non Disclosure?

An Affidavit of Non-Disclosure is commonly used in the United States when formal documentation of confidentiality obligations is required, particularly in situations involving sensitive business information, trade secrets, or personal data. This sworn statement carries more weight than a standard non-disclosure agreement due to its formal nature and the fact it's made under oath. The document typically includes specific details about the protected information, the scope of confidentiality, duration of obligations, and potential consequences of breach. It's particularly valuable in legal proceedings and situations requiring documented proof of confidentiality commitments.

What sections should be included in a Affidavit Of Non Disclosure?

1. Declarant Information: Personal details and capacity of the person making the affidavit

2. Oath Statement: Formal declaration of truth under penalty of perjury

3. Subject Matter: Specific information or materials being protected by non-disclosure

4. Duration: Time period for which the non-disclosure obligations apply

5. Obligations: Specific duties regarding confidentiality and non-disclosure

6. Verification: Notary acknowledgment and official seal

What sections are optional to include in a Affidavit Of Non Disclosure?

1. Permitted Disclosures: Exceptions to non-disclosure obligations, used when certain disclosures may be necessary

2. Return of Materials: Requirements for returning confidential materials when physical or digital materials have been shared

3. Prior Disclosures: Declaration of any previous sharing of information when relevant

What schedules should be included in a Affidavit Of Non Disclosure?

1. Schedule A - Protected Information: Detailed list of specific confidential information covered

2. Schedule B - Related Parties: List of additional parties bound by or relevant to the non-disclosure

3. Schedule C - Prior Disclosures: Documentation of any previously authorized disclosures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Industries

Trade Secrets Protection Act (DTSA): Federal law that provides uniform standards for trade secret protection and allows companies to file civil lawsuits in federal court for trade secret misappropriation

Economic Espionage Act: Federal criminal law that prohibits theft or misappropriation of trade secrets with the intent to benefit foreign powers or cause economic benefit to others

Freedom of Information Act (FOIA): Federal law that provides public access to federal agency records while protecting confidential business information and trade secrets

Privacy Act of 1974: Federal law governing the collection, maintenance, use, and dissemination of personal information maintained by federal agencies

Uniform Trade Secrets Act: State-level legislation providing consistent legal framework for trade secret protection across participating states

State Privacy Laws: Various state-specific laws governing privacy rights and protection of confidential information

Rules of Civil Procedure: Legal rules governing the format and requirements for affidavits in civil proceedings

Fair Labor Standards Act: Federal law establishing wage, hour, and employment standards that may impact non-disclosure requirements in employment contexts

National Labor Relations Act: Federal law protecting workers' rights that may affect the scope and enforcement of non-disclosure agreements

First Amendment: Constitutional protection of free speech rights that may limit the scope of non-disclosure requirements

Fifth Amendment: Constitutional protection against self-incrimination that may affect enforcement of affidavits

HIPAA: Healthcare-specific federal privacy law governing protection of medical information

GLBA: Financial services-specific federal law governing protection of consumer financial information

FERPA: Education-specific federal law governing protection of student educational records

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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