A New Mexico Non-Disclosure Agreement (NDA), governed by the state’s Uniform Trade Secrets Act (UTSA), is a powerful legal shield vital in the hiring process, enabling employers to safeguard trade secrets and sensitive company data. This extends to any scenario involving the exchange of such proprietary knowledge.

Governing Law: 57-3A-1 – 57-3A-7 (Uniform Trade Secrets Act).
Statute of Limitation (§ 57-3A-7): Once the plaintiff discovers the misappropriation, they have three years to sue the defendant.
Trade Secret Definition (§ 57-3A-2(d)):

“trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(1) 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

(2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Are NDAs Enforceable in New Mexico?

Yes. NDAs are enforceable in New Mexico if they meet the standard of reasonableness and serve a valid business purpose. The NDA should be clear about the information being protected and should not impose overly broad or indefinite restrictions. New Mexico courts will uphold NDAs that are fair and necessary to protect confidential business information.