The Kansas non-disclosure agreement (NDA), or confidential disclosure agreement, is a legal document created with the goal of protecting certain business and trade secrets from becoming publicly available.
This document can also protect information about the business organization or operation, information about their clients, intellectual property, and more.
What is a Trade Secret in Kansas?
In Kansas, a trade secret is a certain practice, method, or other type of information that is considered confidential and is crucial to a certain business, its success, and its position on the market.
Types of Non-Disclosure Agreements
This section presents two main types of non-disclosure agreement forms based on which party takes on the obligation of keeping the exchanged information confidential:
Two Types of Non-Disclosure Agreements
Unilateral NDA: This type of NDA creates an obligation only for the party receiving the confidential information from the party issuing the NDA. This is typical for the NDAs companies sign with their employees.
Mutual NDA: With this type of NDA, all parties interacting are under the obligation to keep the shared information confidential.
Legal Requirements for Kansas Non-Disclosure Agreement
This section outlines all the legal requirements for the non-disclosure agreement template in Kansas:
Mandatory Requirements
Statutes: § 60-3320 – 60-3330
Definitions: § 60-3320
Time limit for bringing action: An action for misappropriation must be brought within three years after the misappropriation is discovered. (§ 60-3325)
What Can a Non-Disclosure Agreement Be Used For in Kansas?
In Kansas, the non-disclosure agreement can be used in various situations depending on what type of information the parties wish to keep confidential.
Therefore, here you can find the most common situations where the parties decide to use the NDA:
NDA Uses and Scopes in Kansas
Protection of business and trade secrets: Used to protect confidential information during business interactions between business partners, suppliers, vendors, and other parties.
Protection of intellectual property: Parties use it to protect the creative work, inventions, software, and other types of intellectual property other parties have access to during the interaction with the party issuing the NDA.
Protection of information during employment: Usually signed along with the employment agreement. This type of NDA is used to protect the confidential information the employees have access to during their employment with the party issuing the NDA.
Protection of information connected with litigation: Used between the parties that want to keep the details of their litigation settlement agreement confidential.
Kansas Non-Disclosure Agreement FAQ
Yes, the NDA is a legally binding document in Kansas. It becomes legally binding the moment all the parties taking on the obligation sign it.
No, the NDA doesn’t need to be signed in front of witnesses in Kansas. However, if the parties want to provide an additional level of authentication for the document, they can include the witness signatures.
You can always decline to sign an NDA in Kansas. However, declining to sign the NDA can have a potential negative impact on the relationship between you and the party issuing the document.