The Missouri non-disclosure agreement (NDA) is a legally binding contract between two parties; a disclosing party and a receiving party. Whereas the disclosing party intends to share confidential information and trade secrets with the receiving party (an employee, business partner, contractor, consultant, etc.), the receiving party agrees (by signing the NDA) not to disclose trade secrets to any third party. The agreement outlines the terms and conditions related to the nature of confidential information, as well as the restrictions on use and disclosure of the receiving party. The receiving party is bound by the agreement until the disclosing party releases them therefrom or their information no longer qualifies as a trade secret. Any improper use/disclosure of confidential information, or any breach of contract whatsoever, will allow the disclosing party to sue for damages.
Laws – § 417.450(-467)
Misappropriation (§ 417.453) – Damages may be awarded to a complainant due to misappropriation of trade secrets in accordance with § 417.457.
Trade Secret Definition (§ 417.453) – Information, including but not limited to, technical or nontechnical data, a formula, pattern, compilation, program, device, method, technique, or process, that:
(a) 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
(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.