The Alaska non-disclosure agreement (NDA), or confidential disclosure agreement, is a legal document created between two or more parties that wish to share certain confidential information with each other but want to restrict access to this information to any third party.
It usually includes sensitive information about certain business operations, trade secrets, intellectual property, information about clients, and more.
What is a Trade Secret in Alaska?
A trade secret in Alaska is certain information about the operation of a certain business entity that can be considered their competitive advantage and is therefore not available to the public.
Types of Non-Disclosure Agreements
In Alaska, there are two main types of non-disclosure agreement forms, depending on who is obliged to keep the shared information confidential:
Two Types of Non-Disclosure Agreements
Unilateral NDA: Used in situations where only one party is required to keep confidential all the information they get access to in interaction with the other party. This is typical for the NDAs the companies sign with their employees.
Mutual NDA: Here, both parties share certain confidential information with each other, and they both sign the NDA and take the obligation not to share this information with any third party.
Legal Requirements for Alaska Non-Disclosure Agreement
This section outlines all the legal requirements for the non-disclosure agreement template in Alaska:
Mandatory Requirements
Statutes: § 45.50.910 to 45.50.945
Definitions: § 45.50.940
Limitation of actions: The action must be brought within three years after the misappropriation is discovered. (§ 45.50.925)
What Can Non-Disclosure Agreement Be Used For in Alaska?
In Alaska, the non-disclosure agreement template can be used for the following purposes:
NDA Uses and Scopes in Alaska
Protection of business and trade secrets: Business entities use this type of NDA to protect their confidential information during business negotiations with third parties, suppliers and vendors, employees, and others.
Protection of intellectual property: Mostly used during the development of a certain intellectual property before it gets official protection from the aspect of intellectual property laws.
Protection of client data: Businesses that have certain sensitive information about their clients use this type of NDA to protect it in situations where they have to share this information with the third parties that process this information.
After the litigation settlement: After the litigation, the parties can use this type of NDA to keep the terms of their settlement confidential.
Alaska Non-Disclosure Agreement FAQ
Yes, the NDA is a legally binding document in Alaska. It becomes legally binding the moment all parties to whom the non-disclosure obligation applies sign it. The signing parties must have legal capacity.
The Alaska NDA doesn’t have to be signed in front of the witness. However, the parties might consider providing the witness acknowledgment of the document since it can additionally confirm the authenticity of the document.
You can always decline to sign the NDA in Alaska. However, when doing so, you should also consider the consequences this might have for the business negotiation or the employment process you are part of.