A Montana non-disclosure agreement (NDA) is a legal document that helps protect confidential information and trade secrets. Businesses can use it when they want to share proprietary information with others, such as employees, contractors, and partners. This contract prevents receiving parties from using confidential data for any purpose other than what the agreement specifies.
Montana NDA Laws Overview
- Governing Laws: Title 30, Chapter 14 (Part 4)
- Statute of Limitation (§ 30-14-407): The statute of limitation for a misappropriation case is three years from when it was initially discovered.
- Trade Secret Definition (§ 30-14-402(4)):
“Trade secret” means information or computer software, including a formula, pattern, compilation, 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.
Are NDAs Enforceable in Montana?
Yes. NDAs are enforceable in Montana as long as they are not overly broad and serve a legitimate business purpose. For an NDA to be valid, it must clearly outline the confidential information being protected and be reasonable in terms of duration and scope. Montana law generally upholds NDAs unless they attempt to restrict an employee or party beyond what is necessary to protect legitimate business interests.