Non-Disclosure Agreement (NDA)North DakotaContinue ↓

North Dakota Non-Disclosure Agreement (NDA) (2026)

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

Updated September 2026≈ 5 minReviewed against N.D. Cent. Code ch. 47-25.1 · N.D. Cent. Code § 9-08-06 · 18 U.S.C. § 1833
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What you'll get

Sample first page of the Non-Disclosure Agreement (NDA). Your answers fill in the blanks; the clauses required in North Dakota are added automatically.

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Sample first page of the Non-Disclosure Agreement (NDA): title block and opening sections with blanks to fill

Sample first page of the Non-Disclosure Agreement (NDA). Your answers fill in the blanks; the clauses required in North Dakota are added automatically.

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

What this document covers

  • Mutual, one-way or employee NDA
  • Purpose of disclosure and effective date
  • Definition of Confidential Information and exclusions
  • Marked-only or all non-public information
  • Receiving party's duties and permitted disclosures
  • Compelled disclosure and residuals
  • Whistleblower, NLRA and Speak Out Act carve-outs
  • DTSA notice and state employee-NDA language
  • Term, return of materials and trade-secret survival
  • Remedies, injunction, governing law and disputes

North Dakota rules that this document follows

Trade secret statuteNorth Dakota Uniform Trade Secrets ActSource: N.D. Cent. Code ch. 47-25.1
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 statusbanned — Every contract restraining exercise of a lawful profession void; exceptions for sale of business goodwill and partnership/LLC dissolutionSource: N.D. Cent. Code § 9-08-06
Non-solicitationEmployee no-poach clause void — not offered. Customer non-solicits are void as restraints (Warner & Co. v. Solberg, 2001 ND 156); employee non-solicits likely enforceableSource: N.D. Cent. Code § 9-08-06
DTSA whistleblower noticeIncluded (required to recover exemplary damages/fees from employees and contractors)Source: 18 U.S.C. § 1833(b)

Rules current as of 2026-10-27. Statutes change; verify before relying on them.

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

Choose 'Mutual' when both sides will share information (partnerships, M&A talks) and 'One-way' for vendors, freelancers or investors receiving your data; tick the employee box for staff and applicants. 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 North Dakota and under federal law such clauses are void and can taint the whole agreement.

Governing-law note: this NDA uses North Dakota law and courts; an employee who lives and works in another state may be able to insist on that state's law (e.g., Cal. Lab. Code § 925).

Frequently asked questions

Is an NDA enforceable in North Dakota?

Yes, when it protects legitimately confidential information for a reasonable time and purpose. North Dakota protects trade secrets under the North Dakota Uniform Trade Secrets Act (N.D. Cent. Code ch. 47-25.1).

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)).

Can the NDA stop the other side from hiring my employees?

Not in North Dakota: employee no-poach clauses are void (N.D. Cent. Code § 9-08-06), so this template omits them. Trade-secret protection still applies.

Other names

  • confidentiality agreement
  • mutual NDA
  • one-way NDA
  • employee confidentiality agreement
  • non-disclosure form
  • secrecy agreement
  • confidential disclosure agreement
  • CDA

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.