South Dakota Non-Disclosure Agreement PDF
South Dakota at a glance: Trade Secret Law: South Dakota Uniform Trade Secrets Act, S.D. Codified Laws § 37-29-1 et seq. · Enforceability: Enforceable if reasonable in scope and duration · Notarization: Not required
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Non-Disclosure Agreements in South Dakota
South Dakota enforces NDAs under general contract law and has adopted the Uniform Trade Secrets Act. Confidentiality restrictions must be reasonable in scope and duration to be enforceable.
South Dakota courts apply standard reasonableness review to confidentiality and non-compete provisions, consistent with most states in the region.
South Dakota Non-Disclosure Agreement — Quick Reference
| Requirement | South Dakota Rule |
|---|---|
| Trade Secret Law | South Dakota Uniform Trade Secrets Act, S.D. Codified Laws § 37-29-1 et seq. |
| Enforceability | Enforceable if reasonable in scope and duration |
| Notarization | Not required |
| Typical Duration | 1–5 years; indefinite for trade secrets |
| Remedies | Injunctive relief and damages available for breach |
South Dakota Legal Requirements
- Restrictions must be reasonable in scope, time, and geographic area.
- 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 South Dakota law.
South Dakota Governing Laws
Read the full text of these laws at Cornell Law School's South Dakota legal resources or your state legislature's official website.