Arkansas Non-Disclosure Agreement (NDA) Review
In Arkansas, the NDA question is usually a two-statute question. Ark. Code 4-75-601 to 4-75-607 is the state's Trade Secrets Act, listed among uniform act states. Ark. Code 4-75-101, rewritten in 2015, governs the non-compete and non-solicit terms that often sit inside Arkansas confidentiality agreements. Together they make Arkansas one of the more employer friendly states for restrictive covenants in the region.
Trade-secret law
Uniform Trade Secrets Act
Bundled non-compete
Enforceable if reasonable
Confidentiality & trade secrets in Arkansas
Arkansas protects trade secrets under its version of the Uniform Trade Secrets Act, and the federal Defend Trade Secrets Act applies on top. A reasonable NDA is enforceable, but courts still look at scope, an over-broad definition of "confidential information" with no exclusions is the most common weakness.
Watch for a non-compete inside the NDA
Enforceable under a 2015 statute if reasonable and protecting a protectable interest. Two years is presumed reasonable.
A confidentiality agreement should protect information, not restrict who you can work for. If an NDA in Arkansas also tries to bar you from competitors or from soliciting contacts, treat that as a separate restrictive covenant and judge it by Arkansas's non-compete rules above.
What did Arkansas change in 2015?
Before 2015, Arkansas courts were known for strictly scrutinizing restrictive covenants. Act 921 of 2015 rewrote Ark. Code 4-75-101 to list protectable business interests, including trade secrets, confidential business information and customer lists, and to presume that a restriction of two years is not overbroad. Courts may also reform an overbroad covenant rather than void it.
For an NDA, the takeaway is that a non-solicit or non-compete tucked inside a confidentiality agreement is more likely to be enforced in Arkansas today than it would have been a decade ago.
Where do Arkansas confidentiality clauses go too far?
The trade secret statute protects information that has value because it is secret and is kept secret. A clause covering your general knowledge, industry contacts you brought with you, or facts anyone could find online goes beyond what the statute recognizes and is worth narrowing.
Arkansas has no state law aimed at NDAs in harassment or discrimination matters as of 2026. The federal Speak Out Act covers pre-dispute NDAs for sexual harassment and assault, and the federal Defend Trade Secrets Act protects confidential disclosures to government officials or an attorney to report suspected violations of law.
What should an Arkansas signer negotiate?
Because Arkansas courts can now reform overbroad covenants, the realistic goal is a clause you can live with, not one you hope a court will strike. Ask to limit any non-solicit to customers you personally served in the last year or two, to cap ordinary confidentiality at a fixed number of years, and to carve out information you brought with you. Keep a copy of what you signed and when.
Arkansas sources checked 2026-10-09: WIPO table of state Uniform Trade Secrets Act citations (Arkansas 4-75-601 to 4-75-607) · Speak Out Act, 42 U.S.C. 19403 (Cornell LII). Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Arkansas NDA
- Definition of "confidential information", narrow, or everything?
- The four standard exclusions (public, already known, independently developed, third-party)
- Duration, a defined term, or a perpetual obligation?
- A "residuals" clause allowing use of what is remembered
- Any bundled non-compete or non-solicitation, judged by Arkansas law
- Return/destruction obligation and one-sided injunctive relief
Arkansas NDA FAQ
Is an NDA enforceable in Arkansas?
Yes, a reasonable confidentiality agreement is generally enforceable in Arkansas, backed by the state’s Uniform Trade Secrets Act and, at the federal level, the Defend Trade Secrets Act. What matters is scope: an NDA with an over-broad definition of "confidential information," no standard exclusions, or a perpetual term is far weaker than it looks and worth narrowing.
Can an NDA include a non-compete in Arkansas?
NDAs sometimes bundle in non-compete or non-solicitation language, and in Arkansas a reasonable non-compete can be enforceable, Enforceable under a 2015 statute if reasonable and protecting a protectable interest. Two years is presumed reasonable. A confidentiality agreement should not quietly restrict who you can work for, so flag any non-compete inside it.
What makes an NDA fair in Arkansas?
A sound NDA defines confidential information narrowly, includes the standard exclusions (public information, what you already knew, what you independently develop, and what a third party gives you), has a defined term rather than a perpetual one, and does not include a broad "residuals" clause or a hidden non-compete. ClauseAudit checks each of these against Arkansas law.
Can Arkansas enforce a non-compete buried in an NDA?
Arkansas is one of 34 jurisdictions where a non-compete is generally enforceable if reasonable in duration, geography and scope. Enforceable under a 2015 statute if reasonable and protecting a protectable interest. Two years is presumed reasonable. Confidentiality obligations are a separate question and are not affected by any of that, which is why a restraint tucked into an NDA deserves reading on its own terms rather than as part of the secrecy clause.
If the restriction in my Arkansas agreement is too broad, what happens?
Courts may rewrite an overbroad restriction to something reasonable. That cuts against you: an employer has little to lose by drafting wide, because a court can pare the clause back rather than discard it. Negotiating the wording before signing matters more here than in states where an overbroad clause simply fails.
Does it matter which state's law the agreement names?
It can, because Arkansas's neighbours do not all agree: Oklahoma (void), Tennessee (limited). Which law applies turns on the governing-law and venue clauses and on where the work is actually done, so those two clauses are worth reading before signing an NDA.
Is a two-year non-solicit in an Arkansas NDA automatically valid?
Not automatically. Ark. Code 4-75-101 presumes a two-year restriction is not overbroad, but the employer still needs a protectable interest such as trade secrets or customer relationships, and the scope must be reasonable. You can rebut the presumption, though it puts the burden on you. Negotiating a shorter or narrower clause is usually easier.
Does Arkansas let an employer protect information that is not a trade secret?
Yes. Ark. Code 4-75-101 lists confidential business information and customer lists as protectable interests alongside trade secrets. That said, information that is public or that you knew before the job should still be excluded. Ask for the standard exclusions in writing.
Asked to sign an NDA in Arkansas?
Upload it and get every clause checked against Arkansas law in about a minute, with a fix for each problem.
How neighbouring states treat restrictive covenants
Nationally: 4 jurisdictions treat employee non-competes as void, 13 allow them only in limited circumstances, 34 generally enforce them if reasonable.
Arkansas rules summarized as of October 2026; laws change. This is automated educational information, not legal advice. ClauseAudit verifies current Arkansas law when you run your NDA, and you should confirm anything critical with a qualified attorney.