New Hampshire
New Hampshire Trade Secret Laws: UTSA, Remedies & Deadlines
New Hampshire enacted the New Hampshire Uniform Trade Secrets Act, N.H. Rev. Stat. §§ 350-B:1 to 350-B:9, adopting the Uniform Law Commission's model as its civil framework for trade secret misappropriation claims. Actions must be commenced within three years of the date misappropriation was discovered or reasonably should have been discovered under § 350-B:6.
This guide is part of our Trade Secret Laws by State series.
Information last verified on 2026-06-25. This article presents general legal information, not legal advice. For a full overview of trade secret protections across the country, see Trade Secret Laws by State.
Does New Hampshire have a trade secret law?
New Hampshire enacted the New Hampshire Uniform Trade Secrets Act (NHUTSA), codified at N.H. Rev. Stat. §§ 350-B:1 to 350-B:9. The statute follows the Uniform Law Commission's model closely, providing a civil remedy for misappropriation arising from the acquisition, disclosure, or use of trade secrets by improper means or in breach of a duty of confidence. New Hampshire courts apply the NHUTSA to a wide range of commercially valuable information, from proprietary software and product formulas to customer databases, provided the definitional requirements are satisfied. Federal criminal exposure for trade secret theft remains available under the Economic Espionage Act, 18 U.S.C. §§ 1831-1832.
What counts as a trade secret in New Hampshire?
Section 350-B:1, IV of the New Hampshire Revised Statutes defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process, that satisfies two conditions.
First, the information must derive independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.
Second, the information must be the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Both conditions are required. Misappropriation under § 350-B:1, II means acquisition by improper means (theft, bribery, misrepresentation, espionage, or inducing breach of a duty to maintain secrecy) or disclosure and use without consent by someone who knew or had reason to know the secret was obtained improperly or through breach of a duty.
Reverse engineering and independent development are lawful under the NHUTSA. A party that discovers the same information through legitimate means has not committed misappropriation.
Remedies and the limitations period in New Hampshire
Section 350-B:2 authorizes courts to grant injunctions to prevent actual or threatened misappropriation. An injunction may extend beyond the point at which the information loses its secret character to eliminate any commercial advantage gained through the misappropriation. When an injunction would be inequitable under the circumstances, a court may condition continued use on payment of a reasonable royalty.
Section 350-B:3 governs damages. A claimant may recover (a) actual loss caused by the misappropriation plus unjust enrichment of the misappropriator not already reflected in the actual-loss award, or (b) a reasonable royalty for the unauthorized use. When misappropriation is willful and malicious, a court may award exemplary damages in an amount not exceeding twice the compensatory damages.
Section 350-B:4 allows attorney fee awards to the prevailing party when a claim or defense was made in bad faith, or when willful and malicious misappropriation is established.
The limitations period under § 350-B:6 is three years, measured from when the misappropriation was discovered or reasonably should have been discovered. New Hampshire's period tracks the standard UTSA window without deviation.
How the federal Defend Trade Secrets Act applies in New Hampshire
The Defend Trade Secrets Act (DTSA), 18 U.S.C. §§ 1836-1839, effective May 11, 2016, provides a federal civil claim for misappropriation when the trade secret relates to a product or service used in, or intended for use in, interstate or foreign commerce. That standard is easily met by most New Hampshire business information.
Because the DTSA does not preempt state law (18 U.S.C. § 1838), New Hampshire claimants may plead both NHUTSA and DTSA claims in a single action, accessing both state courts and a federal forum.
Key DTSA features that supplement New Hampshire state law:
- Ex parte seizure: Federal courts may order immediate seizure of property to prevent propagation or disclosure of a trade secret in extraordinary circumstances (18 U.S.C. § 1836(b)(2)).
- Whistleblower immunity: An individual who discloses a trade secret to a government official or attorney solely to report a suspected legal violation is immune from DTSA liability (18 U.S.C. § 1833(b)). Employers using confidentiality agreements must include notice of this immunity in any agreement signed or materially updated after May 11, 2016, or forfeit the right to seek DTSA exemplary damages and attorney fees.
- Three-year federal limitations period: The DTSA carries a three-year limitations period from discovery (18 U.S.C. § 1836(d)), which aligns with New Hampshire's state period.
Protecting trade secrets in New Hampshire: practical steps
Reasonable secrecy measures are a definitional element of trade-secret status under the NHUTSA, and New Hampshire courts assess whether a holder's protective efforts were proportionate to the value and sensitivity of the information. Steps recognized as relevant to establishing trade-secret status include:
- Written non-disclosure and confidentiality agreements with employees, contractors, and business partners, updated after May 11, 2016, to include the DTSA whistleblower-immunity notice
- Password protection, encryption, and role-based access controls for digital systems and files
- Physical security measures for facilities, storage areas, or documents containing sensitive proprietary information
- Consistent and systematic confidentiality labeling on documents, presentations, and data files
- Structured offboarding procedures for departing employees covering device return, system-access revocation, and written reminders of continuing confidentiality obligations
New Hampshire courts, like other UTSA courts, look for consistency. A company that shares information freely in some contexts while claiming secrecy in others risks losing trade-secret protection because the reasonable-efforts element cannot be satisfied.
This article presents general legal information as of 2026-06-25 and is not legal advice. Laws change, and individual circumstances vary. Consult a lawyer licensed in New Hampshire for guidance on your specific situation.
Related articles
- Trade Secret Laws by State
- Nevada Trade Secret Laws
- New Jersey Trade Secret Laws
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Last updated: 2026-06-25.
Frequently Asked Questions
What information qualifies as a trade secret under New Hampshire law?
Under N.H. Rev. Stat. § 350-B:1, IV, information qualifies if it derives independent economic value from not being generally known or readily ascertainable by those who could benefit from it, and if the holder has taken reasonable efforts to maintain its secrecy. Both requirements must be met. Common examples include customer databases, proprietary processes, financial models, and software, provided genuine and consistent secrecy measures are in place.
How long does a New Hampshire trade secret owner have to file a lawsuit?
New Hampshire law provides a three-year limitations period under § 350-B:6, measured from when the misappropriation was discovered or reasonably should have been discovered through the exercise of reasonable diligence. Claims filed after that window are ordinarily time-barred. Because the discovery clock may start before the full scope of misappropriation is apparent, consulting a New Hampshire attorney promptly after suspecting wrongdoing is advisable.
What remedies are available in a New Hampshire trade secret case?
Courts may grant injunctions and award actual loss plus unjust enrichment, or a reasonable royalty. When misappropriation is willful and malicious, exemplary damages of up to twice the compensatory award are available under § 350-B:3. Attorney fees may be granted for bad-faith claims or where willful and malicious misappropriation is established. Federal DTSA remedies, including ex parte seizure, are available concurrently.
Are NDAs required to protect trade secrets in New Hampshire?
NDAs are not required by the New Hampshire Uniform Trade Secrets Act, but they are a strong protective tool. A written NDA helps satisfy the reasonable-efforts element of the trade-secret definition and may support both a contract claim and an NHUTSA misappropriation claim if breached. Any NDA executed after May 11, 2016, should include the DTSA whistleblower-immunity notice to preserve access to federal exemplary damages and attorney fees.
Can a New Hampshire plaintiff bring both state and federal trade secret claims?
Yes. The federal DTSA does not preempt the New Hampshire Uniform Trade Secrets Act, so a claimant may plead both NHUTSA and DTSA claims in the same action. The DTSA adds the option of ex parte seizure relief and a federal forum. Both frameworks carry three-year limitations periods measured from discovery, and both authorize injunctions, actual damages or a reasonable royalty, and exemplary damages for willful and malicious misappropriation.
Sources and References
- New Hampshire Uniform Trade Secrets Act, N.H. Rev. Stat. §§ 350-B:1 to 350-B:9(gencourt.state.nh.us)
- Defend Trade Secrets Act, 18 U.S.C. §§ 1836-1839(law.cornell.edu)
- Uniform Trade Secrets Act (Uniform Law Commission)(uniformlaws.org)
- Economic Espionage Act, 18 U.S.C. §§ 1831-1832(law.cornell.edu)