Minnesota Non-Disclosure Agreement
The Minnesota Non-Disclosure Agreement (NDA), also referred to as a “Confidentiality Agreement”, is a legal document used for keeping shared information between a select person or group of people. Trade secrets are used for protecting information ranging from formulas, processes, business plans, to anything that is 1) not known (or could easily be known) to the general public, and 2) provides as a benefit to the person or entity that has the information.
In the case that an NDA is breached, the party that suffered from the release of the information can go after the entity committing misappropriation in a court of law. In addition to receiving compensation from damages that resulted, the court may issue an injunction, which is an order requiring the illegal use of the leaked information to end immediately.
- Example 1: Minnesota Confidentiality and Non-Disclosure Agreement.pdf
- Example 2: Minnesota Non-Disclosure Agreement (Soybean Example).pdf
- Example 3: Minnesota Non-Disclosure Agreement (City of Bloomington).pdf
Trade Secret Law
Minnesota’s Chapter 325C “Uniform Trade Secrets Act” covers the law regarding trade secrets that have been either accidentally or purposefully leaked. It states how victims may receive compensation and/or can have the court stop the trade secret from being used in a damaging manner. The following are the sections included in the act:
- § 325C.01 “Definitions”: Defines the terms, “Improper Means,” “Misappropriation,” “Person,” and “Trade Secret”.
- § 325C.02 “Injunctive relief”: Explains when the court will issue an injunction to stop a Trade Secret from being used wrongfully.
- § 325C.03 “Damages”: Establishes when the complainant can receive compensation from damages caused by misappropriation.
- § 325C.04 “Attorney’s fees”: Outlines what conditions must be present for the court to reward attorney’s fees to the winning party.
- § 325C.05 “Preservation of secrecy”: Details the steps the courts will take to prevent trade secrets from being exposed further.
- § 325C.06 “Statute of limitations”: Establishes the maximum length of time (after discovering the wrongdoing) that can pass before a case for misappropriation can be brought up.
- § 325C.07 “Effect on other law”: Makes it clear which laws are/are not affected by Chapter 325C.
- § 325C.08 “Short title”: States how §§ 325C.01 through § 325C.08 should be cited.