MT · NDA · Updated July 2026 · Free
Montana Non-Disclosure Agreement
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Montana at a glance: Trade Secret Law: Montana Uniform Trade Secrets Act, Mont. Code § 30-14-401 et seq. · Non-Competes: Generally void under Mont. Code § 28-2-703 · Enforceability: Pure confidentiality clauses enforceable if reasonable
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Overview
Non-Disclosure Agreements in Montana
Montana takes an employee-protective approach similar to California — Montana law generally voids contracts that restrain a person from engaging in a lawful profession, trade, or business, with narrow exceptions. This significantly limits the enforceability of non-compete provisions.
Montana has adopted the Uniform Trade Secrets Act, so genuine confidentiality provisions protecting trade secrets remain enforceable even though broader non-compete restrictions are disfavored.
Key Facts
Montana Non-Disclosure Agreement — Quick Reference
| Requirement | Montana Rule |
|---|---|
| Trade Secret Law | Montana Uniform Trade Secrets Act, Mont. Code § 30-14-401 et seq. |
| Non-Competes | Generally void under Mont. Code § 28-2-703 |
| Enforceability | Pure confidentiality clauses enforceable if reasonable |
| Notarization | Not required |
| Typical Duration | 1–5 years; indefinite for trade secrets |
Legal Requirements
Montana Legal Requirements
- Confidentiality provisions must not function as a disguised restraint on lawful employment.
- Must protect a legitimate business interest such as trade secrets or confidential information.
- Cannot prevent disclosure of illegal conduct or activity protected under federal labor law.
- Trade secret claims must meet the statutory definition under Montana law.
Governing Laws
Montana Governing Laws
Mont. Code § 28-2-703
Restraint of Trade
Generally voids contracts that restrain a person from engaging in a lawful profession, trade, or business in Montana.
Mont. Code § 30-14-401 et seq.
Montana Uniform Trade Secrets Act
Defines trade secrets and provides remedies for misappropriation, including injunctive relief and damages.
Read the full text of these laws at Cornell Law School's Montana legal resources or your state legislature's official website.
Questions & Answers
Montana Non-Disclosure Agreement — Frequently Asked Questions
Are NDAs enforceable in Montana?
Yes, pure confidentiality agreements protecting trade secrets are enforceable. However, Montana broadly voids contracts that restrain lawful employment, similar to California.
Does Montana allow non-compete agreements?
Montana law generally voids contracts restraining a person from engaging in a lawful profession, with only narrow exceptions, making non-competes difficult to enforce.
Does Montana have a trade secrets law?
Yes. The Montana Uniform Trade Secrets Act (Mont. Code § 30-14-401 et seq.) provides remedies for misappropriation of confidential information.