An Arkansas non-disclosure agreement 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 in order to avoid violating the Arkansas Securities Act.
Arkansas non-disclosure agreements are governed by A.C.A. §§ 4-75-601 through 4-75-607.
Businesses use a non-disclosure agreement to protect business 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.
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.