A Kansas non-disclosure agreement (NDA) is a document that contains terms and conditions prohibiting an individual from disclosing a company/business/entity’s trade secrets and confidential information. Most commonly put into use when an employer hires an employee who will have access to the company’s proprietary information, an NDA protects the employer’s trade secrets from falling into the hands of a competitor or third party during and after the individual’s employment. However, this type of confidentiality contract can be applied to any situation where one party will be disclosing confidential information to another for the purposes of furthering a business interest or similar function. Kansas, like most states, have adopted the Uniform Trade Secrets Act to help regulate the inappropriate disclosure and dissemination confidential information, and general breaches of contract regarding trade secrets.

Laws§ 60-3320(-3330)

Misappropriation – Misappropriation, as defined in § 60-3320, of trade secrets will result in injunction or other protective relief (§ 60-3321), as well as damages (§ 60-3322).

Trade Secret Definition (§ 60-3320) – Information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

  1. derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and
  2. is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.