Alaska Non-Disclosure Agreement
The Alaska Non-Disclosure Agreement (also called a “Confidentiality Agreement”) is a legal contract that requires an individual learning a trade secret (valuable information that isn’t generally known) to refrain from sharing the secret with anyone not made clear by the signed NDA. NDAs can be used for any situation when a secret needs to be protected. Examples of when NDAs are typically signed include when:
- A new employee is hired who will have access to company secrets
- A company’s business plan will be discussed during a potential merger
- An engineer/designer is pitching their new unpatented invention to potential investors
- A patient’s test results must be protected from any other party than the medical staff
Trade Secret Law
Alaska’s Trade Secret Law, or more specifically the Alaska Uniform Trade Secrets Act, covers Alaska’s take on the Uniform Trade Secrets Act, which was developed to make the trade laws uniform across the states. The sections and a brief overview of each are listed below:
- AS 45.50.910: Notes the three (3) ways in which the state can use injunctive relief for cases regarding misappropriation of trade secrets.
- AS 45.50.915: States how the complainant can recover from the damages caused by misappropriation.
- AS 45.50.920: Says the court will preserve the secrecy of the trade secret.
- AS 45.50.925: States the time window that must be met for a misappropriation case to be brought up.
- AS 45.50.930: Explains how the different sections of the law affect each other.
- AS 45.50.935: Implies that Alaska’s version of the Uniform Trade Secrets is meant to be in line with other state’s trade secret laws.
- AS 45.50.940: Provides definitions of the legal terms used through the sections.
- AS 45.50.945: States that sections 45.50.910-45.50.945 make up the Alaska Uniform Trade Secrets Act.
How to Write
Step 1 – Download
Download the NDA in either Adobe PDF or Microsoft Word (.docx). For a more user-friendly option, the PDF version is suggested for its fillable fields. For a more editable version, the Word format should be downloaded.
Step 2 – Party Identification
Record the date that the contract is to officially go into effect (day, month, and year). Next, have “Party A” write their full name (or company name) followed by their address. If the agreement will be unilateral (only one party shares information), “Party A” should be the entity sharing the information. Otherwise, it doesn’t matter which party is “A” or “B.”
Then, have “Party B” write their name and address in the designated fields in the same fashion as “Party A.”
Step 3 – Type of Agreement
To make the contract unilateral (one party keeps secrets, whereas the other party shares secrets), check the first box and have both parties put the initials in the provided spaces. If the parties plan on sharing confidential information with each other, check the lower box and have the parties initial the spaces.
Step 4 – Signatures
Head to the third (3rd) page of the contract. Here, both parties must sign the document, write their printed names, their company titles, and the dates they are signing the document. Once this step is completed, the NDA will become valid and active in the eyes of the law.