Montana Non-Disclosure Agreement
The Montana Non-Disclosure Agreement (“Confidentiality Agreement”) is a contract that is used when an individual or company needs to disclose confidential information (a business plan, recipe, process, etc.) to another, without risk that the individual learning the secretive information does not share it with a third party, or worse, a competitor. NDAs come in two types, one is used when only one (1) party will be sharing confidential information, called “Unilateral” NDA, and the other is used when both parties will be sharing trade secrets. This is called “Bilateral” NDA. The one we offer for Montana below is a Unilateral NDA, which is used far more frequently than the latter.
Trade Secret Law
Montana’s Title 30 Chapter 14 “Uniform Trade Secrets Act,” covers how the law handles the misappropriation of trade secrets. To aid in your understanding of the chapter, we have outlined all nine (9) sections below.
§ 30-14-401 “Short title” – The official title of Chapter 14 (in quotations above)
§ 30-14-402 “Definitions” – Gives the definitions of four (4) commonly used words, “Improper Means,” “Misappropriation,” “Person,” and “Trade Secret”
§ 30-14-403 “Injunctive relief” – This section covers when the court will issue an injunction (forces a certain act to be stopped – preventing misappropriation of the trade secret)
§ 30-14-404 “Damages” – Situations in which the complainant is entitled to recovering damages caused by misappropriation
§ 30-14-405 “Costs and attorney fees” – The three (3) situations in which the winning party will have their attorney’s fees paid for
§ 30-14-406 “Preservation of secret” – Covers what the court will do during proceedings to prevent trade secret(s) from being released to the public
§ 30-14-407 “Statute of limitations” – After discovering misappropriation, a case must be brought up within 3 years of the discovery date
§ 30-14-408 “Effect on other law” – States what the chapter does and does not apply to
§ 30-14-409 “Uniformity of application and construction” – A brief statement regarding Chapter 14’s intention of being uniform with other state’s trade secret laws
How to Write
Step 1 – Download the contract in either Adobe PDF (.pdf) or Microsoft Word (.docx). For making edits, the Word version is far more user-friendly. Before having the parties sign the document, have them go through it making any edits as necessary. It is crucial that the parties agree on the content listed in the agreement to avoid future frustration. Once the parties have come to a conclusion regarding the agreement, head to the next step.
Step 2 – For this step, the contract can either be printed and completed by hand or completed digitally. At the top of the document, enter the Date that the contract will be entering into effect. Now have both the party sharing the secret information (the “Disclosing Party”) and the party learning it (the “Receiving Party”) write their Full Names (or Company Names) and their Addresses into the fields shown below.
Step 3 – Heading to the second (2nd) page, have the parties write their Printed Names, Company Titles, and the Dates in which they will be signing the contract into their designated tables. Next, have the parties Sign their names. If not signing the document with a special digital key, the completed document will need to be printed and signed with a pen by each party. Once signed, the contract will be in full effect.