Are non-competes enforceable in Minnesota?

Generally no for agreements entered into on or after July 1, 2023. Minn. Stat. § 181.988 voids most employer–employee non-competes.

Are NDAs still enforceable in Minnesota?

Yes. Genuine confidentiality and trade-secret-protection agreements remain enforceable, but cannot be drafted to function as de facto non-competes.

What is Minnesota's trade secret statute?

The Minnesota Uniform Trade Secrets Act (Minn. Stat. §§ 325C.01–325C.08), alongside the federal DTSA.

Non-Disclosure Agreement for Minnesota

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Minnesota legal context

Minnesota has adopted the Minnesota Uniform Trade Secrets Act (MUTSA). Effective July 1, 2023, Minnesota banned most employer–employee non-compete agreements outright (Minn. Stat. § 181.988). NDAs covering true trade secrets and confidential information remain enforceable, but cannot operate as a de facto non-compete.

Key MN statutes

Minnesota Uniform Trade Secrets Act (MUTSA)
Minn. Stat. §§ 325C.01–325C.08
Trade secret definition, misappropriation claims, and remedies.
Non-Compete Ban
Minn. Stat. § 181.988
Voids most employer–employee non-compete agreements entered into on or after July 1, 2023.
DTSA
18 U.S.C. §§ 1833–1839
Federal whistleblower immunity notice required.

Minnesota-specific considerations

Non-Compete Ban (2023+)
NDAs that function as non-competes for new employer–employee agreements are void under § 181.988.
Trade-Secret NDAs Still Allowed
Genuine confidentiality and trade-secret protection clauses remain enforceable — must be narrowly tailored.
Reasonableness Test
Confidentiality restrictions must be reasonable in scope and necessary to protect actual trade secrets or confidential information.
DTSA Notice
Required for exemplary damages and attorney's fees against employees under DTSA.