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Employee Non-Disclosure Agreement (NDA)

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Employee Non-Disclosure Agreement (NDA)

Updated August 08, 2023

An employee non-disclosure agreement allows an employer to prohibit an employee from revealing proprietary information. Proprietary information commonly refers to trade secrets, customer lists, and any other protected data.

New Rules (Feb 21, 2023)

The National Labor Relations Board issued a decision that limits NDAs if it includes language that waives labor law rights in an employee severance agreement. The board ruled that broad NDAs in these circumstances may violate employees’ rights under the National Labor Relations Act.

Employers who have previously included NDA language in severance agreements should verify that documents comply with current rules.

How to Write

Step 1 – Download in PDF, MS Word (.docx), or OpenDocument (.odt).

Step 2 – The first fields are for the names and addresses of the Employer and the Employee.

Step 3 – The date that the agreement will enter into effect can be entered into the first page as well.

Step 4 – The duration of the effect of the agreement, the period of confidentiality and non-use, must be specified in section three (3).

Step 5 – The State in which the Employer-Employee agreement is being drawn up can be supplied in the “Governing Law” section.

Step 6 – Both the Employer and the Employee must sign, provide the date, and print their names to complete the contract.