Montana Non-Disclosure Agreement
The Montana Non-Disclosure Agreement (“Confidentiality Agreement”) is a contract that is used when an individual or company needs to disclose confidential information (a business plan, recipe, process, etc.) to another, without risk that the individual / entity learning the secretive information will not share it with a third party, or worse, a competitor. NDAs come in two (2) types:
- The more commonly-used “Unilateral” NDA type (as is offered here), which is appropriate for when there is only one (1) party who will be sharing confidential information, and
- The “Bilateral” NDA type, which is appropriate for when both parties will be disclosing secretive information, namely, to each other.
Trade Secret Law
Montana’s Title 30 Chapter 14 “Uniform Trade Secrets Act,” covers how the law handles the misappropriation of trade secrets. To aid in your understanding of the chapter, all nine (9) sections have been fleshed out below.
§ 30-14-401 “Short title”: States the official title of Chapter 14 i.e., the Uniform Trade Secrets Act.
§ 30-14-402 “Definitions”: Gives the definitions of four (4) commonly used words, “Improper Means,” “Misappropriation,” “Person,” and “Trade Secret”.
§ 30-14-403 “Injunctive relief”: This section covers when the court will issue an injunction (a special court remedy that forces a certain act to be stopped—in this case—the Receiving Party from misappropriating the trade secret).
§ 30-14-404 “Damages”: Details situations in which the complainant is entitled to recovering damages caused by misappropriation.
§ 30-14-405 “Costs and attorney fees”: Notes the three (3) situations in which the winning party will have their attorney’s fees paid for.
§ 30-14-406 “Preservation of secret”: Covers what actions the court will take during proceedings to prevent trade secret(s) from being released to the public.
§ 30-14-407 “Statute of limitations”: Sets a time period restriction of three (3) years after the date that the misappropriation was discovered within which a case must be brought forward.
§ 30-14-408 “Effect on other law”: States what the chapter does and does not apply to.
§ 30-14-409 “Uniformity of application and construction”: Provides a brief statement regarding Chapter 14’s intention of being uniform with other state’s trade secret laws.
How to Write
Step 1 – Download the contract as either an Adobe PDF (.pdf) or Microsoft Word (.docx) file. In order to avoid future misunderstandings, it is crucial that the parties agree on the content listed in the NDA. Thus, the first step is for both parties to come to a conclusion regarding the agreement by reading through it and making any necessary modifications to it.
Step 2 – For this step, the contract can either be printed and completed by hand or completed digitally. At the top of the document, enter the Date that the contract will be entering into effect. In the fields shown in the image below, the party sharing the secret information (the “Disclosing Party”) and the party learning it (the “Receiving Party”) should write their Full Names (or Company Names) and their Addresses.
Step 3 – On the second (2nd) of the two (2) pages that make up the NDA, the parties must both write their Printed Names, Company Titles, and the Dates in which they will be signing the contract into their designated tables. Once done, the parties must Sign their names. Unless the document is being signed with a special digital key, the completed document will need to be printed and signed with a pen by each party. With the completion of all three (3) steps, the contract will be lawfully executed.