A Kansas Non-Disclosure Agreement (NDA) is a legal document designed to protect a company’s confidential information from being disclosed to unauthorized parties. By outlining strict terms and conditions and securing signatures from relevant individuals, businesses can ensure the safeguarding of trade secrets and sensitive data.
This agreement is often used during the onboarding process for employees who may have access to proprietary information. It can also be applied in various business contexts to prevent competitors, media outlets, or the general public from accessing critical information.
Kansas NDA Laws Overview
- Governing Laws: Kansas Statutes – Article 33 (§ 60-3320 through 60-3330)
- Statute of Limitation: The plaintiff has three years to file a lawsuit after discovering the misappropriation (§ 60-3325).
- Definition of Trade Secret (§ 60-3320(4)):
“Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(i) 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
(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Are NDAs Enforceable in Kansas?
Yes, NDAs are enforceable in Kansas. Companies can seek damages if the agreement is breached, including recovering actual losses and any unjust enrichment caused by the misappropriation. In cases of willful or malicious misconduct, courts may award up to double the initial damages.
