Colorado 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.

Free to fill & preview · $19 for the clean PDF + Word

This preview updates as you type. Blank fields show as ____ .

Colorado rules that this document follows

Trade secret statuteColorado Uniform Trade Secrets ActSource: C.R.S. §§ 7-74-101 to 7-74-110
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); alleged discriminatory or unfair employment practices (POWR Act, C.R.S. § 24-34-407; $5,000 penalty per violation); employee wage discussion (C.R.S. § 24-34-402(1)(i))Source: C.R.S. § 24-34-407 (eff. Aug. 7, 2023); C.R.S. § 24-34-402(1)(i); 42 U.S.C. §§ 19401-19404; 29 U.S.C. § 157; 18 U.S.C. § 1833(b)
Non-compete statuslimited — Void unless worker is highly compensated (≥ $130,014 in 2026) AND covenant protects trade secrets; separate written notice 14 days before effective date; $5,000 penalty per worker; physicians/dentists/APRNs/PAs barred (SB 25-083, eff. Aug. 6, 2025)Source: C.R.S. § 8-2-113
Non-solicitationCustomer non-solicits void unless worker earns ≥ 60% of threshold ($78,008.40 in 2026) and same notice given; employee non-solicits not covered by statuteSource: C.R.S. § 8-2-113(2)(d)
Choice-of-law limitsCovenant may not require adjudication outside Colorado or non-Colorado law for a worker primarily residing/working in Colorado at termination (C.R.S. § 8-2-113(6))
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 Colorado

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 Colorado and under federal law such clauses are void and can taint the whole agreement.

Frequently asked questions

Is an NDA enforceable in Colorado?

Yes, when it protects legitimately confidential information for a reasonable time and purpose. Colorado enforces trade-secret protection under Colorado Uniform Trade Secrets Act (C.R.S. §§ 7-74-101 to 7-74-110).

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); alleged discriminatory or unfair employment practices (POWR Act, C.R.S. § 24-34-407; $5,000 penalty per violation); employee wage discussion (C.R.S. § 24-34-402(1)(i)). 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)).

Related documents

Other states

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.