CO · NDA · Updated July 2026 · Free
Colorado Non-Disclosure Agreement
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Colorado at a glance: Trade Secret Law: Colorado Uniform Trade Secrets Act, Colo. Rev. Stat. § 7-74-101 et seq. · Non-Competes: Largely void except for highly compensated workers (Colo. Rev. Stat. § 8-2-113) · Enforceability: Pure confidentiality clauses enforceable if reasonable
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Overview
Non-Disclosure Agreements in Colorado
Colorado enforces confidentiality agreements under general contract law and its own Uniform Trade Secrets Act. However, Colorado significantly restricts non-compete agreements under the Restrictive Employment Agreements Act, effective August 2022 — non-competes are void except for highly compensated workers above a statutory earnings threshold.
Pure confidentiality/NDA provisions that do not function as a disguised non-compete remain enforceable if reasonable, but Colorado courts scrutinize agreements that restrict competition disguised as confidentiality terms.
Key Facts
Colorado Non-Disclosure Agreement — Quick Reference
| Requirement | Colorado Rule |
|---|---|
| Trade Secret Law | Colorado Uniform Trade Secrets Act, Colo. Rev. Stat. § 7-74-101 et seq. |
| Non-Competes | Largely void except for highly compensated workers (Colo. Rev. Stat. § 8-2-113) |
| Enforceability | Pure confidentiality clauses enforceable if reasonable |
| Notarization | Not required |
| Penalties | Violating non-compete restrictions can trigger civil penalties |
Legal Requirements
Colorado Legal Requirements
- Confidentiality provisions must not function as a disguised non-compete restricting lawful employment.
- Must protect a legitimate business interest such as trade secrets or confidential information.
- Cannot prevent disclosure of illegal conduct or wage discussions protected under federal law.
- Trade secret claims must meet the statutory definition under Colorado law.
Governing Laws
Colorado Governing Laws
Colo. Rev. Stat. § 7-74-101 et seq.
Colorado Uniform Trade Secrets Act
Defines trade secrets and provides remedies for misappropriation in Colorado.
Colo. Rev. Stat. § 8-2-113
Restrictive Employment Agreements Act
Voids most non-compete agreements except for highly compensated workers, and imposes notice and disclosure requirements on employers.
Read the full text of these laws at Cornell Law School's Colorado legal resources or your state legislature's official website.
Questions & Answers
Colorado Non-Disclosure Agreement — Frequently Asked Questions
Are NDAs enforceable in Colorado?
Yes, pure confidentiality agreements are enforceable if reasonable. However, Colorado closely scrutinizes NDAs that function as disguised non-competes, which are largely void under state law.
Does Colorado restrict non-compete agreements?
Yes. Colorado's Restrictive Employment Agreements Act voids most non-compete agreements except for highly compensated workers earning above a statutory threshold.
Does Colorado have a trade secrets law?
Yes. The Colorado Uniform Trade Secrets Act (Colo. Rev. Stat. § 7-74-101 et seq.) provides remedies for misappropriation of trade secrets.