Kansas Non-Disclosure Agreement
The Kansas Non-Disclosure Agreement (NDA) carries the purpose of restricting an individual or entity (the “Receiving Party”) from sharing valuable confidential information another party (the “Disclosing Party”) communicates to them with third (3rd) parties. There are two (2) different versions of this contract; a Unilateral (“One-way”) and a Bilateral (“Two-way”) NDA agreement. The most frequently-used version is the one-way version, which is offered here. It may be used when only one (1) party will be disclosing secret information. If both parties will be disclosing confidential information to each other, this form is not suitable. Instead, a two-way contract should be used.
Trade Secret Law
Kansas’ Uniform Trade Secret Act (§ 60-3320 through § 60-3330) covers how the state handles misappropriation of trade secrets and other important topics. While trade secret laws are almost the same across the country, each state has their own interpretations of the legal matters surrounding trade secrets.
Therefore, Kansas’ laws may include certain provisions not found in other states. Likewise, they may exclude certain provisions evident in the Trade Secret Acts of other states. To err on the side of caution, the party communicating the confidential information (the Disclosing Party) and the party receiving it (the Receiving Party) must both ensure they fully comprehend their responsibilities, as per Kansas’ state-specific Trade Secret Law. The main provisions in this Act are summarized below:
- § 60-3320: Definitions – Gives the definitions for “Improper Means,” “Misappropriation,” “Person,” and “Trade Secret”
- § 60-3321: Injunction – When the court can issue an injunction to stop misuse of a trade secret
- § 60-3322: Damages – Situations which garner having the complainant receive compensation for damages
- § 60-3323: Attorney Fees – The three (3) situations which can result in having the winning party’s attorney fees paid for
- § 60-3324: Preservation of Secrecy – What the court will do to protect the trade secret(s)
- § 60-3325: Time Limit – How long the complainant has to bring a case of misappropriation after discovering the wrongdoing
- § 60-3326: Application – What laws the act does and does not affect
- § 60-3327: Uniformity – Says the act is meant to be in line with other state’s versions
- § 60-3328: Title – The citeable title of the act
- § 60-3329: Severability – If a certain provision is invalid, it doesn’t affect other provisions
- § 60-3330: Act not Retroactive – Says the act does not apply to misappropriation after a certain date (no date specified in the act)
How to Write
Step 1 – At the top of the contract, start by entering the Current Date. Then, starting with the party releasing the information (the “Disclosing Party”), have them type or write their full Company Name and their Address. If an individual is signing the agreement instead of as a company, have them write their Full Name and Home Address. Repeat this for the party learning the confidential information (the “Receiving Party”).
Step 2 – Both parties must then take the time to carefully read through the agreement from start to finish. Any edits should be made at this stage, including replacing any conditions with more appropriate ones. Only once both parties mutually agree to the final version of the document should they proceed to Step 3.
Step 3 – The final step requires both parties to Sign their names, enter their Printed Names, their Titles within their respective companies (if applicable), and the Dates they signed the document. The fields they must provide such information are located at the bottom of the document. The NDA will be in full effect once this has been completed.