What makes a factory tour NDA different from a standard NDA?

Factory tour NDAs address visual observation - what visitors see, hear, and experience during a facility visit. Unlike document-based NDAs, they must cover photography restrictions, note-taking limits, and the challenge of protecting information observed but not formally disclosed.

How can I enforce restrictions on what visitors remember?

While you cannot prevent memory, you can restrict use of observed information. Factory tour NDAs prohibit visitors from using observations to develop competing products, share information with competitors, or take any action that exploits observed confidential information.

Should I require visitors to surrender phones before a factory tour?

Many manufacturers require phones and cameras to be surrendered or secured in lockers before tours. This is a reasonable security measure. If you allow phones, consider requiring them to be powered off or using camera-blocking cases in sensitive areas.

What about visitors who are employees of competitors?

Consider whether the visit is truly necessary. If it is, use enhanced restrictions including specific competitive use prohibitions, require senior-level approval, limit the scope of the tour, and ensure visitors understand their NDA obligations continue even after employment changes.

Factory Tour NDA | Facility Visit Confidentiality

🚫 Visitor Restrictions

Factory tour NDAs should establish clear restrictions on visitor activities:

📷

Photography Ban

Prohibit all photography, video recording, and use of camera-enabled devices in the facility.

Strictly Enforced

📝

Note-Taking Limits

Restrict detailed sketches, diagrams, or technical notes about equipment and processes.

Monitored

📱

Device Control

Require phones and electronics to be secured or powered off during tour.

At Check-In

👥

Escort Required

Visitors must remain with designated escort at all times during facility access.

Always

🚫

Restricted Areas

Certain areas off-limits even with NDA. Clearly marked and enforced.

No Access

💬

Disclosure Ban

Prohibit sharing observations with third parties, including on social media.

Perpetual

🔒 Key Provisions for Factory Tour NDAs

Visual Observation Coverage

Explicitly define that confidential information includes anything observed during the visit: equipment, layouts, processes, worker activities, products in production, and facility organization.
Photography Prohibition

Comprehensive ban on photography, video, 3D scanning, and any form of visual recording. Include provisions allowing search of personal devices if violation suspected.
Equipment & Layout Protection

Protect the identity, configuration, and arrangement of manufacturing equipment. Factory layouts themselves can be valuable trade secrets.
Process Observation

Address manufacturing processes, cycle times, quality procedures, and operational methods observed during the tour. These may not be documented but are still confidential.
Post-Visit Restrictions

Prohibit visitors from using observations to develop competing products, advise competitors, or take any action that exploits observed confidential information.
Visitor Log Requirements

Maintain detailed visitor logs documenting who visited, when, areas accessed, and escort assigned. This documentation supports trade secret protection claims.

📋 Recommended Visitor Protocol

☑️ Pre-Visit Checklist

Collect signed NDA at least 24 hours before scheduled visit
Verify visitor identity and company affiliation
Screen for competitor relationships or conflicts
Brief escort on areas to avoid and topics not to discuss
Prepare visitor badge and access credentials
Notify production areas of scheduled tour

☑️ During Visit Protocol

Collect phones and cameras at security checkpoint
Issue visitor badge with clear "ESCORT REQUIRED" marking
Provide verbal reminder of NDA obligations
Maintain constant escort presence throughout visit
Avoid areas with sensitive IP not relevant to visit purpose
Log all areas visited and approximate times

☑️ Post-Visit Procedures

Return personal devices after visual inspection
Collect visitor badge and deactivate credentials
Complete visitor log with escort notes
File NDA with visitor log for reference
Follow up with visitor contact if needed

When to Use This NDA

Common factory visit scenarios requiring specialized protection

🔍 Customer Audits

When customers visit to audit quality systems, production capabilities, or compliance with their supplier requirements.

🤝 Potential Partners

When prospective business partners, investors, or acquirers visit to evaluate manufacturing capabilities.

🎓 Educational Tours

When hosting students, academic groups, or industry associations for educational facility tours.

👥 Competitor Visits

When industry peers visit for benchmarking, standards development, or association activities (use enhanced restrictions).

⚠️ Physical Security Matters

An NDA is only part of factory security. Consider physical security measures including visitor badges, escort requirements, camera-controlled areas, and security checkpoints. Trade secret protection requires demonstrating reasonable security measures - the NDA documents your confidentiality expectations, but physical controls demonstrate you take protection seriously.