A Utah Non-Disclosure Agreement is a legal document crucial for businesses to protect confidential information. In Utah, the Uniform Trade Secrets Act (UTSA) governs NDAs and outlines the legal remedies for breach of confidentiality.
An NDA is a contract binding parties to maintain the confidentiality of proprietary information and can be unilateral or mutual. Employers use these agreements in their employee onboarding process, while businesses use them to safeguard their proprietary information.
Trade Secret Laws
Utah Code Ch. 24 (Uniform Trade Secrets Act)
UTSA Version Adopted: 1985
Misappropriation (UT Code § 13-24-4 and UT Code § 13-24-5): In cases of malicious misappropriation, the complainant can receive damages up to twice the amount awarded in the statute mentioned above. Attorney fees may also be awarded to the prevailing party.
Statute of Limitation (§ 13-24-7): The deadline for plaintiffs to initiate legal action for misappropriation is three years.
Trade Secret Definition (§ 13-24-2(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.
