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A Montana non-disclosure agreement (NDA) is also known as a confidentiality agreement. A Montana non-disclosure agreement is generally signed during the new hire process or when an independent contractor first provides services to your company. The objective of this document is to legally bind the employee or independent contractor to keep your business information and confidential information private and not disclose it to the public or competitors.
An example of confidential information that may be protected is intellectual property developed specifically for your company. The NDA is generally part of an employment agreement, but it may also be its own legal contract.
Before you write your own non-disclosure agreement or before you sign one that is presented to you, it is imperative that you first seek legal advice from a law firm.
Non-disclosure agreements and trade secrets are regulated by Montana’s Uniform Trade Secrets Act, Mont. Code Ann. §§ 30-14-401 through 30-14-409 . The Montana Uniform Trade Secrets Act also mentions the type of damages a business may be eligible to receive if a contractor or an employee violates the agreement. The law also discusses how trade secrets should be protected .
A non-disclosure agreement is just one type of contract that businesses should use with new hires and contractors. Another important protective contract for businesses is a Montana non-compete agreement .
Inside of an NDA, confidential information is referred to as a trade secret. This is information that the company uses to get or keep a competitive edge in their industry.
The Montana Uniform Trade Secrets Act defines what sort of information may be considered a “trade secret.” This law states that a “trade secret” is information or computer software that includes a formula, pattern, compilation, program, device, method, technique, or process with its own actual or potential financial value.
This value is caused because the public and other businesses do not have this information available for their use. The company must take reasonable efforts to keep that information private if they want it to be protected by the NDA.
To write a basic Montana non-disclosure agreement, you should take the time to read the Montana Uniform Trade Secrets Act. This will help you better understand what sort of information can be protected by an NDA as well as how the agreement works.
However, this is not a substitute for legal advice. A lawyer can help ensure that your NDA can protect your business information and trade secrets as well as stand up in court should it become necessary.
You can save your template in Microsoft Word (.docx) for easy editing.
The Montana non-disclosure agreement must be signed by both the Disclosing Party and the Receiving Party. The parties should also have space to print their names. The signatures should also be dated. Finally, the parties should each receive a copy of the executed document for their records.
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