An Oklahoma Non-Disclosure Agreement (NDA) is a vital tool for safeguarding confidential information. It ensures that sensitive data, including client lists and proprietary business strategies, remains secure when shared with involved parties. NDAs can take the form of “unilateral” or “mutual” agreements, with the former obligating a single party to confidentiality while the latter binds both parties.
Oklahoma NDA Laws Overview
- Governing Laws: Okla. Stat. tit. 78, §§ 85-94 (Uniform Trade Secrets Act).
- Statute of Limitation: After an NDA violation, a misappropriation claim must be filed within three years (§ 91).
- Trade Secret Definition (§ 86(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.
Are NDAs Enforceable in Oklahoma?
Yes. NDAs are enforceable in Oklahoma, but the agreement must be reasonable in scope and duration. The NDA should specifically define what information is considered confidential and must not impose excessive restrictions on the receiving party. Oklahoma courts will generally uphold NDAs that are fair and protect legitimate business interests.
