North Dakota Non-Disclosure Agreement Template


The North Dakota Non-Disclosure Agreement is a binding contract you use when you need to share information without worrying that the other party will use what they learned against you, or share it to other people. For unilateral-type contracts, the party holding the secret(s) is referred to as the “disclosing party”, whereas the party learning the secrets is referred to as the “receiving party.” Should the other party share the information, you can (and should) sue them for the damages they caused.

Secretive information is formally classified as “trade secrets” according to ND statutes, and includes any information that is 1) not readily accessible by the general public, 2) has real or potential economic value to those that own the secret, and 3) is actively being protected from being discovered by outside means.

Trade Secret Law

Laws: Chapter 47-25.1 “Trade Secrets”.pdf

Statute of Limitations (§ 47-25.1-06): A case of misappropriation must be brought within three (3) years after discovering the secret(s) have been stolen, or after discovery should have been reasonably made.

Attorney’s Fees (§ 47-25.1-04): The court may award the prevailing party with the cost of attorney’s fees if one (1) of the following hold true:

  1. A claim is made wrongly / disingenuously.
  2. A motion to terminate an injunction is “made or resisted in bad faith.”
  3. The misappropriation was both willful and malicious.