Confidentiality Agreements Checklist (Best Drafting Practices for Employers)


This checklist highlights the key considerations in drafting enforceable employee confidentiality agreements (also known as non-disclosure agreements or NDAs). Employee confidentiality agreements protect an employer’s competitive advantage by safeguarding its trade secrets and other confidential information. Because confidentiality agreements are a form of restrictive covenant, however, courts usually scrutinize them more closely than other contracts.