Arizona Non-Disclosure Agreement (NDA)

Mutual or one-way NDA with trade-secret protection, lawful carve-outs and the federal whistleblower notice, tuned to your state.

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Arizona rules that this document follows

Trade secret statuteArizona Uniform Trade Secrets ActSource: A.R.S. §§ 44-401 to 44-407
NDA cannot coverpre-dispute sexual harassment/assault claims (federal Speak Out Act, 42 U.S.C. §§ 19401-19404); employee wage/working-condition discussion (NLRA § 7; McLaren Macomb, 372 NLRB No. 58 (2023)); reports to government agencies/whistleblowing (SEC Rule 21F-17; 18 U.S.C. § 1833(b) immunity); settlement terms that bar a party from testifying or reporting sexual assault/harassment in criminal or legislative proceedings (A.R.S. § 12-720)Source: A.R.S. § 12-720; 42 U.S.C. §§ 19401-19404; 29 U.S.C. § 157; 18 U.S.C. § 1833(b)
Non-compete statusenforceable — Common-law reasonableness; blue-pencil permitted; broadcast employees exempt (A.R.S. § 23-494)Source: Valley Medical Specialists v. Farber, 194 Ariz. 363 (1999); A.R.S. § 23-494
Non-solicitationCustomer and employee non-solicits enforceable under common-law reasonableness (legitimate interest, reasonable time/scope)Source: Common law (Bryceland v. Northey, 160 Ariz. 213 (App. 1989))
DTSA whistleblower noticeIncluded (required to recover exemplary damages/fees from employees and contractors)Source: 18 U.S.C. § 1833(b)

Rules current as of 2026-09-07. Statutes change; verify before relying on them.

How to use this Non-Disclosure Agreement (NDA) in Arizona

Choose 'Mutual' when both sides will share information (partnerships, M&A talks) and 'One-way' for vendors, freelancers or investors receiving your data. Keep the confidentiality period to 2–5 years for ordinary information; trade secrets stay protected as long as they remain secret.

Do not use an NDA to prevent someone from reporting harassment or illegal conduct — in Arizona and under federal law such clauses are void and can taint the whole agreement.

Frequently asked questions

Is an NDA enforceable in Arizona?

Yes, when it protects legitimately confidential information for a reasonable time and purpose. Arizona enforces trade-secret protection under Arizona Uniform Trade Secrets Act (A.R.S. §§ 44-401 to 44-407).

What can an NDA not silence?

pre-dispute sexual harassment/assault claims (federal Speak Out Act, 42 U.S.C. §§ 19401-19404); employee wage/working-condition discussion (NLRA § 7; McLaren Macomb, 372 NLRB No. 58 (2023)); reports to government agencies/whistleblowing (SEC Rule 21F-17; 18 U.S.C. § 1833(b) immunity); settlement terms that bar a party from testifying or reporting sexual assault/harassment in criminal or legislative proceedings (A.R.S. § 12-720). Section 4 of this NDA carves these out so the agreement stays enforceable.

Why is the DTSA whistleblower notice included?

Without the notice, an employer cannot recover exemplary damages or attorneys' fees against an employee or contractor under the Defend Trade Secrets Act (18 U.S.C. § 1833(b)).

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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.