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Arkansas Non-Disclosure Agreement

Not Attorney-ReviewedAuthor: Arjun AnnamalaiMethodology: Statutory Verification

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Arkansas at a glance: Trade Secret Law: Arkansas Trade Secrets Act, Ark. Code § 4-75-601 et seq. · Enforceability: Enforceable if reasonable in scope and duration · Notarization: Not required

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Overview

Non-Disclosure Agreements in Arkansas

Arkansas enforces NDAs under general contract law principles and has adopted its own version of the Uniform Trade Secrets Act. Courts require confidentiality restrictions to be reasonable and connected to a legitimate business interest. Arkansas also enforces reasonable non-compete provisions under its Non-Compete Statute, which can be combined with confidentiality obligations in employment agreements.
Key Facts

Arkansas Non-Disclosure Agreement — Quick Reference

RequirementArkansas Rule
Trade Secret LawArkansas Trade Secrets Act, Ark. Code § 4-75-601 et seq.
EnforceabilityEnforceable if reasonable in scope and duration
NotarizationNot required
Typical Duration1–5 years; indefinite for trade secrets
Non-CompetesGoverned by Ark. Code § 4-75-101
Legal Requirements

Arkansas Legal Requirements

  • Restrictions must be reasonable in scope, time, and geographic area.
  • Must protect a legitimate business interest such as trade secrets or confidential client information.
  • Cannot prevent disclosure of illegal conduct or activity protected under federal labor law.
  • Trade secret claims must meet the statutory definition under Arkansas law.
Governing Laws

Arkansas Governing Laws

Ark. Code § 4-75-601 et seq.
Arkansas Trade Secrets Act
Defines trade secrets and provides remedies for misappropriation, including injunctive relief and damages, in Arkansas.
Ark. Code § 4-75-101
Non-Compete Agreements
Establishes reasonableness requirements for non-compete provisions, which may be paired with confidentiality obligations.

Read the full text of these laws at Cornell Law School's Arkansas legal resources or your state legislature's official website.

Questions & Answers

Arkansas Non-Disclosure Agreement — Frequently Asked Questions

Are NDAs enforceable in Arkansas?

Yes. Arkansas enforces NDAs that are reasonable in scope and duration and that protect a legitimate business interest.

Does Arkansas have a trade secrets law?

Yes. The Arkansas Trade Secrets Act (Ark. Code § 4-75-601 et seq.) provides remedies for misappropriation of confidential business information.

Can an Arkansas NDA include a non-compete clause?

Yes, subject to the reasonableness requirements of Arkansas' Non-Compete Statute (Ark. Code § 4-75-101).