Maryland Non-Disclosure Agreement (NDA) Review
Maryland was early to the post-2017 wave of harassment laws. The Disclosing Sexual Harassment in the Workplace Act of 2018, now Maryland Labor and Employment Article 3-715, makes void any employment contract, policy or agreement term that waives a future right or remedy for a sexual harassment claim, or for retaliation over asserting one. Trade secrets are protected under the Maryland Uniform Trade Secrets Act, Commercial Law 11-1201 to 11-1209.
Trade-secret law
Uniform Trade Secrets Act
Bundled non-compete
Limited
Confidentiality & trade secrets in Maryland
Maryland protects trade secrets under its version of the Uniform Trade Secrets Act, and the federal Defend Trade Secrets Act applies on top. A reasonable NDA is enforceable, but courts still look at scope, an over-broad definition of "confidential information" with no exclusions is the most common weakness.
Watch for a non-compete inside the NDA
Void for employees earning at or below 150% of the state minimum wage, for licensed veterinary staff and, in contracts from July 1, 2025, for licensed direct-care health workers earning $350,000 or less (above that, capped at 1 year and 10 miles). From October 1, 2026 (HB 1016) it is also void for certain employees of licensed architects.
A confidentiality agreement should protect information, not restrict who you can work for. If an NDA in Maryland also tries to bar you from competitors or from soliciting contacts, treat that as a separate restrictive covenant and judge it by Maryland's non-compete rules above.
What does Maryland's 2018 law void?
Section 3-715(a) provides that a provision in an employment contract, policy or agreement waiving any substantive or procedural right or remedy to a claim that accrues in the future of sexual harassment, or retaliation for reporting or asserting rights about it, is null and void as against public policy, except where federal law prohibits that result. Employers cannot retaliate against an employee who refuses to sign such a waiver, and an employer that tries to enforce a void waiver is liable for the employee's attorney fees and costs.
The law looks forward: it targets clauses signed before a claim arises, which overlaps with the federal Speak Out Act. Settlement NDAs negotiated after a claim are treated differently.
How do non-solicits fare in Maryland?
Maryland voids non-competes for workers earning at or below a statutory wage threshold, but the general rules for non-solicits are common law reasonableness. If your Maryland NDA adds a customer non-solicit, courts will ask whether it is limited to customers you actually dealt with and lasts a reasonable time.
What else should a Maryland signer review?
Read any arbitration or waiver clause alongside the NDA. Section 3-715 is subject to federal law, and the interaction with the Federal Arbitration Act has been debated, so the clearest protection for sexual harassment claims now comes from the federal Ending Forced Arbitration Act and Speak Out Act together. Check that the NDA preserves your right to report to agencies and testify under subpoena.
Maryland sources checked 2026-10-09: Md. Code, Labor and Employment 3-715 (Maryland General Assembly) · Md. Code, Commercial Law 11-1201 (Maryland General Assembly). Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Maryland NDA
- Definition of "confidential information", narrow, or everything?
- The four standard exclusions (public, already known, independently developed, third-party)
- Duration, a defined term, or a perpetual obligation?
- A "residuals" clause allowing use of what is remembered
- Any bundled non-compete or non-solicitation, judged by Maryland law
- Return/destruction obligation and one-sided injunctive relief
Maryland NDA FAQ
Is an NDA enforceable in Maryland?
Yes, a reasonable confidentiality agreement is generally enforceable in Maryland, backed by the state’s Uniform Trade Secrets Act and, at the federal level, the Defend Trade Secrets Act. What matters is scope: an NDA with an over-broad definition of "confidential information," no standard exclusions, or a perpetual term is far weaker than it looks and worth narrowing.
Can an NDA include a non-compete in Maryland?
NDAs sometimes bundle in non-compete language. In Maryland, non-competes are enforceable only in limited cases, Void for employees earning at or below 150% of the state minimum wage, for licensed veterinary staff and, in contracts from July 1, 2025, for licensed direct-care health workers earning $350,000 or less (above that, capped at 1 year and 10 miles). From October 1, 2026 (HB 1016) it is also void for certain employees of licensed architects. Read the NDA for any such restriction and push to remove or narrow it.
What makes an NDA fair in Maryland?
A sound NDA defines confidential information narrowly, includes the standard exclusions (public information, what you already knew, what you independently develop, and what a third party gives you), has a defined term rather than a perpetual one, and does not include a broad "residuals" clause or a hidden non-compete. ClauseAudit checks each of these against Maryland law.
Can Maryland enforce a non-compete buried in an NDA?
Maryland is one of 13 jurisdictions allowing them only in restricted circumstances. Void for employees earning at or below 150% of the state minimum wage, for licensed veterinary staff and, in contracts from July 1, 2025, for licensed direct-care health workers earning $350,000 or less (above that, capped at 1 year and 10 miles). From October 1, 2026 (HB 1016) it is also void for certain employees of licensed architects. Confidentiality obligations are a separate question and are not affected by any of that, which is why a restraint tucked into an NDA deserves reading on its own terms rather than as part of the secrecy clause.
If the restriction in my Maryland agreement is too broad, what happens?
Courts may delete offending words, but will not rewrite the clause. That sits in between: wording that can be severed cleanly may survive, while a restriction written as one indivisible sentence may not. How the clause is punctuated and structured can decide the outcome.
Does it matter which state's law the agreement names?
It can, because Maryland's neighbours do not all agree: Delaware (generally enforceable), Pennsylvania (generally enforceable), West Virginia (generally enforceable). Which law applies turns on the governing-law and venue clauses and on where the work is actually done, so those two clauses are worth reading before signing an NDA.
Can a Maryland employment NDA make me waive future harassment claims?
No. Under Labor and Employment Article 3-715, a term waiving a future right or remedy for sexual harassment or related retaliation is void, subject to federal law. An employer that tries to enforce such a term owes your attorney fees. The federal Speak Out Act separately voids pre-dispute NDAs for those disputes.
Does Maryland's harassment law cover discrimination generally?
Section 3-715 is focused on sexual harassment and retaliation for reporting or asserting rights about it. Other discrimination claims are protected by general rules, such as your right to file with the Maryland Commission on Civil Rights or the EEOC, which no agreement can take away.
Asked to sign an NDA in Maryland?
Upload it and get every clause checked against Maryland law in about a minute, with a fix for each problem.
How neighbouring states treat restrictive covenants
Nationally: 4 jurisdictions treat employee non-competes as void, 13 allow them only in limited circumstances, 34 generally enforce them if reasonable.
Maryland rules summarized as of October 2026; laws change. This is automated educational information, not legal advice. ClauseAudit verifies current Maryland law when you run your NDA, and you should confirm anything critical with a qualified attorney.