Are non-competes enforceable in North Dakota?

Generally no — N.D.C.C. § 9-08-06 voids most non-compete agreements except in narrow sale-of-business or partnership-dissolution contexts. Pure confidentiality terms remain enforceable.

Can I still protect trade secrets in North Dakota?

Yes. The North Dakota Uniform Trade Secrets Act and the federal DTSA provide robust trade secret protection independent of the non-compete ban.

Non-Disclosure Agreement for North Dakota

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North Dakota legal context

North Dakota adopted the Uniform Trade Secrets Act at N.D.C.C. §§ 47-25.1-01 to 47-25.1-08. Like California, North Dakota broadly voids non-compete agreements under N.D.C.C. § 9-08-06 with limited exceptions for sale-of-business and partnership dissolution. Confidentiality clauses focused on trade secrets remain enforceable.

Key ND statutes

North Dakota Uniform Trade Secrets Act
N.D.C.C. §§ 47-25.1-01 to 47-25.1-08
UTSA-style trade secret framework.
Restraint of Trade Prohibition
N.D.C.C. § 9-08-06
Voids non-compete agreements except in narrow sale-of-business or partnership scenarios.
DTSA
18 U.S.C. §§ 1833–1839
Federal whistleblower immunity notice required.

North Dakota-specific considerations

Broad Non-Compete Ban
N.D.C.C. § 9-08-06 voids almost all employee non-compete agreements.
Confidentiality Distinct
Narrowly drafted confidentiality and trade secret terms remain enforceable independent of the non-compete ban.
Federal DTSA Available
DTSA claims provide an additional layer of trade secret protection independent of state law.