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A Kansas non-disclosure agreement (NDA), or confidentiality agreement, is generally signed by new employees, independent contractors, and other third parties. It is a way for businesses to protect confidential information.
Under state law, a Kansas non-disclosure agreement can only be used to protect actual trade secrets. Before drafting an NDA or signing one that is presented to you, it is best to first seek out qualified legal advice as such agreements can affect your legal rights and legitimate business interests since they involve the use of restrictive covenants.
The Kansas Uniform Trade Secrets Act, K.S.A. §§ 60-3320 through 60-3330 (2011) , sets out the parameters of non-disclosure agreements and their use. In addition to providing a legal description of a trade secret, the Kansas Uniform Trade Secrets Act also explains the relief that businesses may be entitled to receive if employees or contractors violate the agreement.
Kansas non-disclosure agreements are most often used with Kansas non-compete agreements .
Confidential information is often referred to in a Kansas non-disclosure agreement as a trade secret. The Kansas Uniform Trade Secrets Act defines the term “trade secrets” as some type of information such as a formula, pattern, compilation, program, device, method, technique, or process that holds actual or potential economic value for the business.
A trade secret cannot be information that is available as public knowledge. It also cannot be information that is easy for others to determine and use. The business must also take reasonable measures to keep that information confidential.
To write a basic Kansas non-disclosure agreement, you should first review the Kansas Uniform Trade Secrets Act. This will help prepare you to write your own NDA. However, this is not a substitute for legal advice. It is still important to meet with a qualified lawyer to ensure that your agreement forms are properly drafted. You can save your template in Microsoft Word (.docx) for easy editing.
The end of the document should include space for the parties to print and sign their names, list their roles (Disclosing Party or Receiving Party), and the date that they signed the document. The parties should each receive a copy of the executed document for their records.
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