Kansas Non-Disclosure Agreement
The Kansas Non-Disclosure Agreement is a one-way binding contract that restricts an individual from sharing learned confidential information with third (3rd) parties. It comes in one of two (2) different versions, a Unilateral (“One-way”) or a Bilateral (“Two-way”) agreement. The more popular version is the one-way and is the one we offer below. It is used when only one (1) party will be disclosing secret information. If both parties will be disclosing confidential information to each other and require it to be a secret, a two-way contract should be used.
Trade Secret Law
Kansas’ Uniform Trade Secret Act (§ 60-3320 through § 60-3330) covers how the state handles misappropriation of trade secrets and other important topics, and is important to understand if drafting and signing a Non-Disclosure Agreement in the state. The following is a section-by-section outline of the act:
- § 60-3320 Definitions – Gives the definitions for “Improper Means,” “Misappropriation,” “Person,” and “Trade Secret”
- § 60-3321 Injunction – When the court can issue an injunction to stop misuse of a trade secret
- § 60-3322 Damages – Situations which garner having the complainant receive compensation for damages
- § 60-3323 Attorney Fees – The three (3) situations which can result in having the winning party’s attorney fees paid for
- § 60-3324 Preservation of Secrecy – What the court will do to protect the trade secret(s)
- § 60-3325 Time Limit – How long the complainant has to bring a case of misappropriation after discovering the wrongdoing
- § 60-3326 Application – What laws the act does and does not affect
- § 60-3327 Uniformity – Says the act is meant to be in line with other state’s versions
- § 60-3328 Title – The citeable title of the act
- § 60-3329 Severability – If a certain provision is invalid, it doesn’t affect other provisions
- § 60-3330 Act not Retroactive – Says the act does not apply to misappropriation after a certain date (no date specified in the act)
How to Write
Step 1 – At the top of the contract, start by entering the Current Date. Then, starting with the party releasing the information (the “Disclosing Party”), have them type or write their full Company Name and their Address. If an individual is signing the agreement instead of as a company, have them write their Full Name and Home Address. Repeat this for the party learning the confidential information (the “Receiving Party”).
Step 2 – Have both parties read through the agreement, editing or replacing conditions as needed. Once both parties agree on the terms and conditions, head to the third (3) step.
Step 3 – At the bottom of the document, have the Disclosing and Receiving Parties Sign their names, enter their Printed Names, their Titles within their respective companies (if applicable), and the Dates they signed the document. Once this is complete, the NDA will be completed and in full effect.