Defend Trade Secrets Act (DTSA): Federal law enacted in 2016 that provides uniform federal protection for trade secrets and includes specific whistleblower immunity provisions
Economic Espionage Act: Federal law that criminalizes the theft of trade secrets, including corporate espionage
Computer Fraud and Abuse Act: Federal law that addresses unauthorized access to protected computers and data
Electronic Communications Privacy Act: Federal law governing the privacy of electronic communications in the workplace
National Labor Relations Act (NLRA): Federal law protecting employees' rights to discuss working conditions, which may impact confidentiality agreement terms
Whistleblower Protection Provisions: Federal and state laws protecting employees who report violations of law to government agencies
Fair Labor Standards Act (FLSA): Federal law governing employment standards that may affect confidentiality requirements in employment relationships
Uniform Trade Secrets Act: State-level legislation providing protection for trade secrets, adopted with variations by most states
HIPAA: Healthcare privacy law that must be considered if the confidential information includes protected health information
Gramm-Leach-Bliley Act: Federal law governing the protection of consumer financial information
GDPR Compliance: EU data protection regulation that may apply if dealing with European personal data
State Employment Laws: Various state-specific regulations affecting employment relationships and confidentiality obligations
Case Law Requirements: Recent court decisions affecting the enforceability of confidentiality agreements including reasonable scope and duration
Severability Provisions: Legal requirement to include provisions ensuring that if one part of the agreement is found invalid, other parts remain enforceable
