North Dakota Non-Disclosure Agreement PDF
North Dakota at a glance: Trade Secret Law: North Dakota Uniform Trade Secrets Act, N.D. Cent. Code § 47-25.1-01 et seq. · Non-Competes: Nearly universally void under N.D. Cent. Code § 9-08-06 · Enforceability: Pure confidentiality clauses enforceable if reasonable
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Non-Disclosure Agreements in North Dakota
North Dakota has one of the strongest employee-protective non-compete bans in the country — North Dakota law voids virtually all contracts that restrain a person from engaging in a lawful profession, trade, or business, with even fewer exceptions than California.
North Dakota has adopted the Uniform Trade Secrets Act, so genuine confidentiality provisions protecting trade secrets remain enforceable even though broader non-compete restrictions are essentially unenforceable.
North Dakota Non-Disclosure Agreement — Quick Reference
| Requirement | North Dakota Rule |
|---|---|
| Trade Secret Law | North Dakota Uniform Trade Secrets Act, N.D. Cent. Code § 47-25.1-01 et seq. |
| Non-Competes | Nearly universally void under N.D. Cent. Code § 9-08-06 |
| Enforceability | Pure confidentiality clauses enforceable if reasonable |
| Notarization | Not required |
| Typical Duration | 1–5 years; indefinite for trade secrets |
North Dakota 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 North Dakota law.
North Dakota Governing Laws
Read the full text of these laws at Cornell Law School's North Dakota legal resources or your state legislature's official website.