North Dakota NDA Template
Reviewed by the Agiled editorial teamUpdated June 2026
NDAs are enforceable in every state — what changes in North Dakota is the statute behind them, the carve-outs the law forces into them, and how courts treat NDA terms that drift toward non-compete territory. This page covers the North Dakota layer; the download is our standard mutual/unilateral NDA, ready to adapt.
North Dakota NDA rules at a glance
| Trade secret law | Uniform Trade Secrets Act (N.D. Cent. Code §47-25.1) |
|---|---|
| Harassment / discrimination NDA limits | No additional state statute; the federal Speak Out Act (2022) voids pre-dispute NDAs covering sexual assault and harassment claims. |
| Inevitable disclosure doctrine | No controlling authority; courts require evidence of actual or threatened misuse. |
| Non-compete-style NDA terms | With non-competes void by statute, NDAs are the only post-employment protection — and courts void NDA terms that operate as restraints. |
State laws change frequently and this summary is not legal advice. Verify current rules against the state statute or with a licensed attorney before relying on them.
How North Dakota handles non-disclosure agreements
North Dakota courts police the NDA/non-compete boundary hard because the restraint ban would otherwise be evaded by broad confidentiality drafting — specificity about actual secrets is the survival trait. Two layers apply everywhere, including North Dakota: the federal Defend Trade Secrets Act gives a federal claim for trade-secret theft, and the federal Speak Out Act voids pre-dispute NDAs over sexual assault and harassment. The state layer above is what changes when you cross a border — verify it before relying on a clause.
North Dakota non-disclosure agreement FAQs
Are NDAs enforceable in North Dakota?
Yes — confidentiality agreements protecting trade secrets and legitimately confidential business information are enforceable in North Dakota, under uniform Trade Secrets Act (N.D. Cent. Code §47-25.1). The limits arrive at the edges: terms so broad they operate as a non-compete, and clauses muzzling legally protected disclosures (harassment claims, whistleblowing, wage discussions).
Can an NDA cover sexual harassment claims in North Dakota?
No additional state statute; the federal Speak Out Act (2022) voids pre-dispute NDAs covering sexual assault and harassment claims. Whatever the state layer says, the federal Speak Out Act independently voids pre-dispute confidentiality terms covering sexual assault and harassment disputes nationwide.
Can an NDA stop someone from working for a competitor in North Dakota?
With non-competes void by statute, NDAs are the only post-employment protection — and courts void NDA terms that operate as restraints. The drafting rule: define confidential information specifically, exclude general skills and knowledge, and use a separate, state-compliant non-compete if mobility restraints are actually needed.
How long should an NDA last in North Dakota?
For true trade secrets, protection can be indefinite — secrecy is the legal status, not the clause. For ordinary confidential business information, 2–5 years is the enforceable norm; North Dakota courts treat perpetual restrictions on non-secret information skeptically. Tier the clause: indefinite for trade secrets, fixed-term for everything else.
The full non-disclosure agreement guide
Clause-by-clause guidance, common mistakes, and the complete template text live on the main page: NDA Template — full guide and download.