How long can a South Dakota employee NDA non-compete last?

Up to two years under SDCL § 53-9-11. Longer durations are unenforceable as employee covenants.

What is South Dakota's trade secret statute?

The South Dakota Uniform Trade Secrets Act (SDCL §§ 37-29-1 to 37-29-11).

Non-Disclosure Agreement for South Dakota

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South Dakota legal context

South Dakota adopted the Uniform Trade Secrets Act at SDCL §§ 37-29-1 to 37-29-11. SDCL §§ 53-9-8 to 53-9-12 authorizes reasonable non-compete and confidentiality agreements with employees, capped at two years for employee non-competes. Courts apply a reasonableness review.

Key SD statutes

South Dakota Uniform Trade Secrets Act
SDCL §§ 37-29-1 to 37-29-11
UTSA-style trade secret framework.
Restrictive Covenants Statute
SDCL §§ 53-9-8 to 53-9-12
Authorizes reasonable employee non-compete and confidentiality covenants; two-year cap on employee non-competes.
DTSA
18 U.S.C. §§ 1833–1839
Federal whistleblower immunity notice required.

South Dakota-specific considerations

Two-Year Cap on Employee Non-Competes
Statutory two-year maximum for employee non-competes under SDCL § 53-9-11.
Reasonableness Review
Courts assess geographic scope, business interest, and duration.
Confidentiality Authorized
Reasonable confidentiality terms are explicitly permitted.