Montana 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 ____ .

Montana rules that this document follows

Trade secret statuteMontana Uniform Trade Secrets ActSource: Mont. Code §§ 30-14-401 to 30-14-409
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)Source: 42 U.S.C. §§ 19401-19404; 29 U.S.C. § 157; 18 U.S.C. § 1833(b)
Non-compete statuslimited — Contracts in restraint of trade void except sale of business/partnership dissolution; courts enforce only covenants that are reasonable and protect a legitimate interest (Wrigg); physician non-competes void (eff. Jan. 1, 2026)Source: Mont. Code §§ 28-2-703 to 28-2-705; Wrigg v. Junkermier, 2011 MT 290
Non-solicitationJudged under the same reasonableness test; customer non-solicits more readily enforcedSource: Mont. Code § 28-2-703; common law
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 Montana

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

Frequently asked questions

Is an NDA enforceable in Montana?

Yes, when it protects legitimately confidential information for a reasonable time and purpose. Montana enforces trade-secret protection under Montana Uniform Trade Secrets Act (Mont. Code §§ 30-14-401 to 30-14-409).

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). 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.