Arizona Non-Disclosure Agreement

The Arizona Non-Disclosure Agreement (“Confidentiality Agreement”) is a legal document that ties two parties together. The agreement may be “Unilateral,” meaning that only one (1) party is restricted from sharing learned confidential information. Or it may be “Bilateral,” meaning that both parties must maintain the secrecy of one another’s confidential information. According to the Arizona State Legislature, confidential information, more frequently called “Trade Secrets,” includes the following: a “formula, pattern, compilation, program, device, method, technique or process.” Due to their usefulness, NDAs are commonplace in many institutions, such as libraries, hospitals, companies large and small, and laboratories.


Trade Secret Law

The Uniform Trade Secrets Act, published in 1979, was a law designed to make Trade Secret Laws more uniform between the states. Arizona’s take on the law (called the “Arizona Uniform Trade Secrets Act,” located in at Chapter 4) varies slightly from the universal version. The Act addresses a number of  fundamental matters pertaining to trade secret laws in the state, from what information is defined as a trade secret, to what damages may be sought if the agreement is breached.

Both parties are responsible for familiarizing themselves and subsequently complying with the provisions in the Act. To make it easier to navigate through the provisions, an index of the provision is provided below.

  • § 44-401: Defines the terms Improper Means, Misappropriation, Person, and Trade Secret.
  • § 44-402: States when Injunctive Relief may be enforced.
  • § 44-403: Explains how damages from misappropriation are interpreted.
  • § 44-404: Clarifies the situations that garner having the court pay for the winning party’s attorney’s fees.
  • § 44-405: Notes what the court will do to preserve the secrecy of the trade secret(s).
  • § 44-406: States the Statue of Limitations (how long the complainant has to bring up a case of misappropriation).
  • § 44-407: Explains how the law affects other laws within Arizona’s Legislature.

How to Write in PDF & Word

Step 1 – Download the agreement in Adobe PDF or Microsoft Word.

Step 2 – Following a review of the document by both parties, the Date the contract will be in effect and the Names and Addresses of both the Disclosing Party (the company or individual sharing the secret) and the Receiving Party (those learning of the trade secret) must be written in the relevant fields.

 

Step 3 – At the bottom of the Non Disclosure Agreement, both parties should print their NamesTitles within the companies (if applicable), the Dates in which they write their signatures, and finally, their Signatures on the top line. Once signed, the confidentiality agreement will go into effect, binding both parties together.