by EmilyHow to Create NDAs for Freelance Work
As a freelancer, you're often entrusted with sensitive client information—business strategies, designs, financial details, product ideas, or unpublished content. To protect that confidential information and maintain professional trust, it’s essential to understand and use Non-Disclosure Agreements (NDAs).
Whether you're a writer, designer, developer, consultant, or marketer, knowing how to create and implement NDAs can safeguard your business and help you build long-term, secure relationships with clients. In this guide by freelancerbridge, you’ll learn what an NDA is, why it matters, how to create one, and how to use it effectively in your freelance workflow.
Long Description
1. What is an NDA?
A Non-Disclosure Agreement (NDA) is a legally binding contract that prevents one or more parties from sharing confidential information. NDAs are designed to protect intellectual property, trade secrets, and other sensitive business details during and after a project.
In freelance work, NDAs ensure that:
You don't disclose your client’s proprietary information
Clients don’t share your project methodologies or proposals
Both parties are legally bound to confidentiality
NDAs are commonly used before a project begins, during the negotiation phase, or alongside the main service contract.
2. Why Freelancers Should Use NDAs
Using an NDA offers multiple benefits to both freelancers and clients:
a. Establishes Trust
An NDA reassures the client that you're a professional who understands the importance of confidentiality.
b. Protects Your Work and Theirs
If you share concepts or strategies with potential clients (such as during a pitch), an NDA ensures they can't use those ideas without permission.
c. Clarifies Legal Boundaries
The NDA defines what is considered confidential, how it can be used, and the legal consequences of breaching it.
d. Reduces Legal Risks
In case of a dispute, an NDA gives you legal leverage to take action if your or your client’s information is misused.
3. When Freelancers Should Use NDAs
Use an NDA in any of the following scenarios:
During project negotiations involving sensitive information
Before viewing internal business documents, software, or processes
When building custom designs, branding, or code
For ghostwriting or content that will be published under someone else's name
In collaborations where you're subcontracting work
When pitching a project to a client but not yet hired
Freelancers working in industries like tech, legal, health, fintech, or startup consulting should use NDAs more frequently.
4. Types of NDAs Freelancers Can Use
a. Unilateral NDA
One party (usually you) agrees not to disclose confidential information provided by the client. This is the most common NDA used by freelancers.
b. Mutual NDA
Both parties agree not to disclose each other's confidential information. Useful for partnerships or collaborative projects.
c. Non-Circumvention Clause
Prevents the client from bypassing you to work directly with your vendors or team members.
5. Key Components of a Freelance NDA
A strong NDA should include the following essential elements:
1. Definition of Confidential Information
Clearly outline what information is considered confidential—client data, business plans, financials, strategies, software, etc.
2. Obligations of the Receiving Party
Specify that the receiving party (you or the client) must:
Keep the information confidential
Not share it with unauthorized individuals
Use it only for the project discussed
3. Exclusions from Confidentiality
Include what is not considered confidential, such as:
Information publicly known
Information already known by the recipient before signing
Information disclosed by third parties legally
4. Duration of the NDA
Define how long the agreement will remain in effect. Common durations include:
1–2 years for most projects
Indefinite for highly sensitive data
5. Legal Remedies for Breach
Mention possible actions if either party breaches the agreement, such as:
Legal damages
Injunctions or court orders
Compensation clauses
6. Jurisdiction
Mention the state or country whose laws will govern the NDA in case of a legal dispute.
6. How to Create a Freelancer-Friendly NDA
Creating an NDA doesn’t require a lawyer for every project. You can:
a. Use Online NDA Templates
Platforms like:
LawDepot
LegalZoom
Bonsai
And.Co
offer ready-to-use NDA templates designed for freelancers.
b. Customize the Template
Tailor the NDA to fit your project needs. Add your name, business address, client details, and scope of confidential info.
c. Send for Review and Signature
Send the NDA via email or a secure signature tool like:
DocuSign
HelloSign
Adobe Acrobat Sign
Always retain a signed copy before starting any work.
7. Tips for Using NDAs with Clients
1. Introduce NDAs Professionally
Avoid making clients feel you don’t trust them. Present the NDA as a standard business practice:
“To ensure mutual confidentiality, I’ve attached a simple NDA we can both sign before we begin.”
2. Keep It Simple
Don’t overwhelm the client with long or complex legal language. Stick to plain English where possible.
3. Don’t Start Work Without a Signed NDA
Always get it signed before sharing or accessing sensitive information. This protects both parties.
4. Store It Safely
Use cloud storage (Google Drive, Dropbox) or secure e-signature platforms to keep track of signed documents.
8. Common NDA Mistakes Freelancers Should Avoid
Not using one at all – Relying on verbal agreements or informal emails is risky
Forgetting to define confidentiality terms – A vague NDA is hard to enforce
Not specifying jurisdiction – Can lead to legal complications in case of international disputes
Using someone else’s NDA without editing – Always tailor the NDA to your needs
Failing to enforce the NDA – If a client breaches it, take legal action if needed
9. Enforcing an NDA Legally
If someone violates your NDA, follow these steps:
Document the breach – Collect evidence like emails, screenshots, or copies of misused material
Reach out to the violator – Send a professional warning or request for correction
Send a formal cease-and-desist – Through a lawyer or legal platform
Pursue legal action – File for damages if necessary (especially for major financial or reputational harm)
Having a clear and signed NDA makes it much easier to prove your case in court or arbitration.
10. How Freelancerbridge Supports Freelance Legal Practices
At freelancerbridge, we help you protect your freelance business with legal tools and education. Here's how we support freelancers:
Free legal templates including NDAs and freelance contracts
Articles and guides on legal best practices
Project spaces with document upload and signature integration
Freelancer community forums to share experiences and legal resources
Expert interviews and tips from freelance lawyers and legal consultants
We believe that a legally protected freelancer is a successful one.
Conclusion
As a freelancer, your professional relationships often depend on trust—and NDAs are a powerful tool to formalize that trust. By using a well-crafted NDA, you protect both your clients and yourself from potential legal issues, misuse of intellectual property, or breaches of confidentiality.
Creating and using NDAs doesn’t need to be complicated or expensive. With the right knowledge and tools, you can confidently include NDAs as part of your freelance workflow, ensuring secure and transparent business relationships from day one.
With freelancerbridge, you have the support and resources you need to handle legal matters like NDAs efficiently—so you can focus on delivering outstanding freelance work with peace of mind.
