A Kansas non-disclosure agreement is a legal document that safeguards the confidential information of enterprises. When a business leader crafts it meticulously by outlining stringent terms and conditions and obtains the signatures of relevant parties, they can effectively prevent an individual from divulging a company’s confidential information and trade secrets.
A company can employ this document during an employee’s onboarding process, as employees may have privileged access to the company’s proprietary data during their employment. However, a company can introduce this document in various business scenarios concerning trade secrets to stop the general public, media outlets, and competitors from accessing crucial information.
Trade Secret Laws
Kansas Statutes – Article 33 (§ 60-3320 through 60-3330)
UTSA Version Adopted: 1985
Misappropriation (§ 60-3322): A complainant can seek damages if a party breaches an NDA. They can recover the actual loss that the misappropriation inflicted, but they can also seek any unjust enrichment from the misappropriation if applicable. If a case is particularly willful or malicious, a complainant may receive up to twice the award amount from the court.
Statute of Limitation (§ 60-3325): The statute of limitations for a misappropriation case is three years.
Trade Secret Definition (§ 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.
