An Idaho Non-Disclosure Agreement (NDA) ensures that all parties in a business relationship are dedicated to preserving the confidentiality of information. The legal document enforces stringent constraints on the sharing, use, or disclosure of sensitive data to third parties.
The NDA is adaptable, specifying the duration during which confidentiality obligations remain effective. This duration is tailor-made based on the nature of the information and the particulars of the business arrangement, whether it’s a short-term collaboration or a long-term partnership.
Idaho NDA Laws Overview
- Governing Laws: Idaho Trade Secrets Act (Title 48, Chapter 8).
- Statute of Limitation: Once a claimant has discovered a misappropriation, they have three years to sue (Idaho Code § 48-805).
- Definition of Trade Secret (Idaho Code § 48-801(5)):
“Trade secret” means information, including a formula, pattern, compilation, program, computer program, device, method, technique, or process, that:
(a) Derives 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; and
(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Trade secrets as defined in this subsection are subject to disclosure by a public agency according to chapter 1, title 74, Idaho Code.
Are NDAs Enforceable in Idaho?
Yes, NDAs are enforceable in Idaho, provided they comply with legal standards. NDAs must protect legitimate business interests, such as trade secrets or confidential information, and be reasonable in terms of scope, duration, and geographic reach.
In case of misappropriation, if the defendant is found guilty, the plaintiff may recover all damages caused by the disclosure, which may double in case of willful and malicious misappropriation. [1]
