A North Dakota Non-Disclosure Agreement is a crucial legal document establishing a confidentiality agreement to protect sensitive and proprietary information, such as product designs, technical procedures, and field studies, that may have commercial value. The North Dakota Uniform Trade Secrets Act (NDUTSA) outlines the legal remedies available in the event of a breach of an NDA. As defined by NDUTSA, trade secrets must have economic value and be reasonably safeguarded to qualify for protection.
The North Dakota Century Code requires non-disclosure agreements to be in writing and signed by both parties, emphasizing the importance of consulting with a legal professional to ensure that your agreement complies with North Dakota law and is tailored to your needs. Legal action can be taken in case of a breach to ensure the information is not misused or disclosed without authorization.
Employers often require this document, especially during onboarding, to protect themselves against unfair competition and maintain business integrity in North Dakota.
Trade Secret Laws
UTSA Version Adopted: 1985
Misappropriation (§ 47-25.1-03): Victims of misappropriation can recover damages for actual loss and unjust enrichment. If the misappropriation was willful, exemplary damages of up to twice the original amount and attorney’s fees may be awarded.
Statute of Limitation (§ 47-25.1-06): If a party’s information is misused in violation of a non-disclosure agreement, they must take legal action within three years.
Trade Secret Definition (§ 47-25.1-01(4)):
“Trade secret” means information, 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.