North Dakota Non-Disclosure Agreement

The North Dakota Non-Disclosure Agreement (“Secrecy Agreement”) is a binding agreement that is used in situations in which a company or individual will be sharing highly secretive information with another party (a new employee, client, company, etc.) and need to ensure the information does not get shared with a third party. Secret information, called “Trade Secrets” are protected by North Dakota’s laws without needing to sign an NDA, however, signing one can help to ensure the victim gets all the compensation they deserve as well as making sure all parties are clear on what is deemed confidential and not.

Trade Secret Law

North Dakota’s rendition of the Uniform Trade Secrets Act, Chapter 47-25.1, depicts how the courts handle stolen trade secrets and what is required for victims of misappropriation (embezzlement) to receive compensation for damages, or have an injunction issued. To aid in your understanding, we have described the sections of the Act below.

  • § 47-25.1-01 Definitions – This section gives the definitions of “Improper Means,” “Misappropriation,” “Person” and “Trade secret” to aid in your understanding of the sections that follow
  • § 47-25.1-02 Injunctive relief – Situations in which the court will order an injunction (stops an action from happening, such as using a stolen trade secret)
  • § 47-25.1-03 Damages – When the court will award damages to the victim of misappropriation
  • § 47-25.1-04 Attorney’s fees – Under certain circumstances, the courts will pay the winning party’s attorney’s fees
  • § 47-25.1-05 Preservation of secrecy – This section lists the actions the courts take to ensure trade secrets do not get leaked to the public or third (3rd) parties
  • § 47-25.1-06 Statute of limitations – How long a complainant has to bring a case of a misused/stolen trade secret (after discovering the wrongdoing)
  • § 47-25.1-07 Effect on other law – How Chapter 47-25.1 affects other North Dakota laws
  • § 47-25.1-08 Short title – Simply the citeable title, which is the “Uniform Trade Secrets Act”

How to Write

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

Step 2 – At the top of the document, you will need to enter the Current Date (Day, Month, and Full Year) followed by both party’s Full Names and Addresses.

Step 3 – On the last page of the contract, have both the Disclosing and Receiving parties write their Printed NamesCompany Titles, and the Dates in which they are entering their information. Finally, have both parties write their Signatures in the fields provided.