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Wisconsin Non-Disclosure Agreement

Not Attorney-ReviewedAuthor: Arjun AnnamalaiMethodology: Statutory Verification

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Wisconsin at a glance: Trade Secret Law: Wisconsin Uniform Trade Secrets Act, Wis. Stat. § 134.90 · Non-Compete Statute: Wis. Stat. § 103.465 · Blue Pencil Doctrine: Generally not available — unreasonable terms void

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Overview

Non-Disclosure Agreements in Wisconsin

Wisconsin enforces NDAs under general contract law and its own Trade Secrets Act. Confidentiality restrictions must be reasonable in scope and duration to be enforceable. Wisconsin's non-compete statute requires restrictive covenants to be reasonably necessary to protect the employer, and Wisconsin courts will void (not blue pencil) provisions that are found unreasonable.
Key Facts

Wisconsin Non-Disclosure Agreement — Quick Reference

RequirementWisconsin Rule
Trade Secret LawWisconsin Uniform Trade Secrets Act, Wis. Stat. § 134.90
Non-Compete StatuteWis. Stat. § 103.465
Blue Pencil DoctrineGenerally not available — unreasonable terms void
NotarizationNot required
Typical Duration1–5 years; indefinite for trade secrets
Legal Requirements

Wisconsin Legal Requirements

  • Restrictions must be reasonably necessary to protect the employer's legitimate interest.
  • Must protect a legitimate business interest such as trade secrets or confidential information.
  • Overly broad restrictive covenants are void in their entirety under Wisconsin law.
  • Cannot prevent disclosure of illegal conduct or activity protected under federal labor law.
Governing Laws

Wisconsin Governing Laws

Wis. Stat. § 134.90
Wisconsin Uniform Trade Secrets Act
Defines trade secrets and provides remedies for misappropriation, including injunctive relief and damages, in Wisconsin.
Wis. Stat. § 103.465
Restrictive Covenants
Requires non-compete and related restrictive covenants to be reasonably necessary to protect the employer; unreasonable provisions are void entirely.

Read the full text of these laws at Cornell Law School's Wisconsin legal resources or your state legislature's official website.

Questions & Answers

Wisconsin Non-Disclosure Agreement — Frequently Asked Questions

Are NDAs enforceable in Wisconsin?

Yes, but restrictions must be reasonably necessary to protect a legitimate business interest. Wisconsin voids unreasonable provisions entirely rather than narrowing them.

What happens if a Wisconsin NDA is too broad?

Wisconsin law voids overly broad restrictive covenants in their entirety, so careful, reasonable drafting is especially important.

Does Wisconsin have a trade secrets law?

Yes. The Wisconsin Uniform Trade Secrets Act (Wis. Stat. § 134.90) provides remedies for misappropriation of confidential information.