Create an Arkansas Non-Disclosure Agreement with our customizable template!
An Arkansas non-disclosure agreement (NDA) is also referred to as a confidentiality agreement . Sometimes, an Arkansas non-disclosure agreement is a clause included in an employment contract. At other times, it is a separate agreement.
Arkansas non-disclosure agreements should be carefully worded to avoid violating the Arkansas Securities Act. Before you draft a non-disclosure agreement to protect your business interests or sign one as part of an employment relationship or as an independent contractor, is it important that you first seek legal advice from a qualified law firm.
Arkansas non-disclosure agreements are governed by A.C.A. §§ 4-75-601 through 4-75-607 .
Arkansas law is very clear that non-disclosure agreements have a reasonable geographic limitation and must truly be in the employer’s best interest . This document is generally part of several contracts provided when a new employee or contractor begins work. It is often used along with an Arkansas non-compete agreement .
Businesses use a non-disclosure agreement to protect sensitive business information such as customer lists or intellectual property or “trade secrets.” Arkansas law defines a “trade secret” as information such as a formula, pattern, compilation, program, device, method, technique, or process that has its own actual or potential economic value.
This information may not be general information known by the public or something that the public or another person in the industry could easily figure out and gain an economic advantage. The business must make a reasonable effort to keep this information secret.
To create a basic Arkansas non-disclosure agreement template, first read over the Arkansas Uniform Trade Secrets Act to familiarize yourself with its requirements and definitions. However, keep in mind that it is still important to seek legal advice.
Arkansas requires that you use reasonable time and geographical limitations in your NDA. What you consider reasonable and what Arkansas courts determine to be reasonable in previous case law may not be the same thing. Guidance from a law firm can help ensure that your NDA protects your trade secrets as well as holds up in court should court become necessary.
Save your template in Microsoft Word (.docx) for easy editing in the future.
Include signature lines for each party, their roles in the document (disclosing party or receiving party), a space for their professional titles, a space to print their names, and a space for the date. Each person signing the document should receive a copy of it once it is completed for their records.
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