Are NDAs with non-compete language enforceable in Colorado?

Only narrowly. Under amended Colo. Rev. Stat. § 8-2-113, most non-competes are void; trade-secret-protection covenants are allowed only for highly compensated workers and require advance written notice.

Does Colorado require notice before signing an NDA?

Yes, where the NDA acts as a restrictive covenant. § 8-2-113 requires separate, advance written notice; failure voids the covenant.

What is Colorado's trade secret statute?

CUTSA (Colo. Rev. Stat. §§ 7-74-101 et seq.), Colorado's adoption of the Uniform Trade Secrets Act, alongside the federal DTSA.

Non-Disclosure Agreement for Colorado

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Colorado legal context

Colorado follows the Colorado Uniform Trade Secrets Act (CUTSA). 2022 amendments to § 8-2-113 substantially restricted non-competes, they are now generally void unless the worker earns above the highly compensated worker threshold. The statute also requires written notice and limits NDAs to bona fide trade secrets.

What's required

CO Uniform Trade Secrets Act Definition
C.R.S. § 7-74-102(4)
Injunctive Relief Provision
C.R.S. § 7-74-104
DTSA Immunity Notice
18 U.S.C. § 1833(b) (DTSA Immunity)
Trade Secret Definition
18 U.S.C. § 1836 (Defend Trade Secrets Act)

What's prohibited

Unreasonably overbroad confidentiality scope
Colorado courts evaluate restrictive covenants under a reasonableness standard and apply the non-compete statute (C.R.S. § 8-2-113) strictly. Overbroad NDA provisions that function as de facto non-competes may be voided under Colorado's 2022 non-compete reform law.

Key CO statutes

Colorado Uniform Trade Secrets Act (CUTSA)
Colo. Rev. Stat. §§ 7-74-101 to 7-74-110
Trade secret definition, misappropriation claims, and remedies.
Restrictive Covenants Statute
Colo. Rev. Stat. § 8-2-113
Voids most non-competes; allows trade-secret-protection covenants only for highly compensated workers, with written notice.
DTSA
18 U.S.C. §§ 1833-1839
Federal whistleblower immunity notice required.

Colorado-specific considerations

Highly Compensated Threshold
Trade-secret non-competes are limited to workers earning above Colorado's annually adjusted threshold.
Mandatory Written Notice
§ 8-2-113 requires separate, advance written notice of restrictive covenants, failure to provide it voids the covenant.
Bona Fide Trade Secrets
NDAs cannot restrict ordinary information; they must be tied to actual trade secrets.
DTSA Notice
Required for exemplary damages and attorney's fees against employees under DTSA.