Are NDAs enforceable in Indiana?

Yes, when reasonable in scope and duration and supported by consideration. Continued at-will employment is generally sufficient consideration.

Will Indiana courts modify an overbroad NDA?

Only narrowly. Indiana applies the strict blue-pencil doctrine — courts may sever divisible overbroad terms but will not rewrite a clause.

What trade secret protection applies in Indiana?

IUTSA (Ind. Code § 24-2-3) provides UTSA-style protection alongside the federal Defend Trade Secrets Act.

Non-Disclosure Agreement for Indiana

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Indiana legal context

Indiana has adopted the Indiana Uniform Trade Secrets Act (IUTSA). Indiana enforces reasonable NDAs and non-compete agreements but courts apply the strict blue-pencil doctrine — they will sever clearly divisible overbroad terms but will not rewrite restrictions. Continued employment is sufficient consideration for an at-will employee.

Key IN statutes

Indiana Uniform Trade Secrets Act (IUTSA)
Ind. Code §§ 24-2-3-1 to 24-2-3-8
Trade secret definition, misappropriation claims, injunctive and monetary remedies.
DTSA
18 U.S.C. §§ 1833–1839
Federal whistleblower immunity notice required.

Indiana-specific considerations

Strict Blue-Pencil
Indiana courts can strike clearly divisible overbroad terms but will not redraft restrictions.
Reasonableness Test
Restrictions must be reasonable in scope, duration, and geography and protect a legitimate business interest.
Consideration
Continued at-will employment is sufficient consideration in Indiana.
DTSA Notice
Required to recover exemplary damages and attorney's fees against employees under DTSA.