A Montana non-disclosure agreement (NDA) allows an individual/business entity to share their confidential information and trade secrets with another party while minimizing the risk of harmful disclosure or dissemination. An NDA is a helpful tool for those who are entering into an employment relationship, a business transaction, or other similar arrangement wherein one party will be made privy to the other’s proprietary information. This document, once signed, prohibits the receiving party from using the disclosing party’s trade secrets in any manner, except as specifically mentioned in the agreement. Furthermore, if the receiving party does breach the agreement by disclosing confidential information, an NDA is an indispensable tool in a court of law. The disclosing party will be able to seek damages (even punitive in some cases) and/or injunctive relief for the harm that this dissemination has caused.

Laws (§ 30-14-401 et. seq)

Misappropriation (§ 30-14-402) – Complainant is entitled to recover damages for misappropriation and, if willful or malicious, exemplary damages (§ 30-14-404). Complainant is also entitled to court costs and attorney fees, within reason (§ 30-14-405).

Trade Secret Definition (§ 30-14-402) – Any information or computer software, including 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.