Non Disclosure Without Consent Rule In Washington
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Washington Wiretapping Law. Washington's wiretapping law is a "two-party consent" law. Washington makes it a crime to intercept or record a private telephone call, in-person conversation, or electronic communication unless all parties to the communication consent. See Wash.
Washington state law does not prohibit the use of photos taken without someone's permission if they were taken in a public place or from a security camera in your home—provided they do not have recorded sound. The inclusion of sound would make the video subject to audio-interception laws.
Generally, NDAs will be enforced by a court, but some statutes and public policy may prevent the enforcement of an NDA. For example, many NDAs will be voided or partially so regarding criminal acts. Often NDAs may be unenforceable unless certain procedural requirements are met.
1) Understand when, and why, restrictive NDAs are illegal. Although corporations have the right to protect confidential information, they cannot interfere with your right to report crimes to law enforcement or regulatory authorities.
An NDA could be unenforceable if it is too broad, is not for a defined time period, covers information that is not confidential, or asks for illegal conduct.
Washington State's Silenced No More Act. In 2022, Washington state Governor Jay Inslee signed into law the Silenced No More Act (HB 1795), which limits the use of workplace non-disclosure and non-disparagement agreements, commonly known as NDAs.
An NDA could be unenforceable if it is too broad, is not for a defined time period, covers information that is not confidential, or asks for illegal conduct.
Washington Law Civil Penalties Against Employers In addition to allowing employees to speak if they reasonably believe the act was illegal, and making non-disclosure agreements for these activities unenforceable, the act also includes $10,000 in civil penalties for employers who violate the law.
Some common exceptions include information that is or becomes public through no act of the recipient, information that was already in the possession of the recipient as of the date of disclosure, and information that is disclosed by court order.
Five other key features must be included in your NDA to ensure it's legally binding, including a description of confidential information, obligations of the parties involved, any exclusions, the term of the agreement and consequences of a breach.
