An Oregon Non-Disclosure Agreement (NDA) is a legal document that creates a confidential relationship between two or more parties and safeguards sensitive information from unauthorized disclosure. The agreement can be mutual or unilateral and is often included in employment contracts.
Oregon NDA Laws Overview
- Governing Laws: ORS §§ 646.461 – 646.475.
- Statute of Limitation: The plaintiff has a period of three years, starting from the discovery of the misappropriation, to file a lawsuit against the defendant (§ 646.471).
- Trade Secret Definition (§ 646.461(4)):
“Trade secret” means information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:
(a) Derives independent economic value, actual or potential, from not being generally known to the public or to 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 Oregon?
Yes. NDAs are enforceable in Oregon as long as they are reasonable and necessary to protect confidential business information. The agreement must clearly define the confidential information and must not be overly broad or restrictive. Oregon courts typically uphold NDAs that are fair and serve a legitimate business purpose.
