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North Dakota Non-Disclosure Agreement
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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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Overview
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.
Key Facts
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 |
Legal Requirements
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.
Governing Laws
North Dakota Governing Laws
N.D. Cent. Code § 9-08-06
Restraint of Trade Void
Voids nearly all contracts that restrain a person from engaging in a lawful profession, trade, or business in North Dakota.
N.D. Cent. Code § 47-25.1-01 et seq.
North Dakota 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 North Dakota legal resources or your state legislature's official website.
Questions & Answers
North Dakota Non-Disclosure Agreement — Frequently Asked Questions
Are NDAs enforceable in North Dakota?
Yes, pure confidentiality agreements protecting trade secrets are enforceable. However, North Dakota has one of the strictest bans on non-compete agreements in the country.
Does North Dakota allow non-compete agreements?
Almost never. North Dakota law voids nearly all contracts restraining a person from engaging in a lawful profession, trade, or business.
Does North Dakota have a trade secrets law?
Yes. The North Dakota Uniform Trade Secrets Act (N.D. Cent. Code § 47-25.1-01 et seq.) provides remedies for misappropriation of confidential information.