When should I use an Employee NDA?

Employee NDAs should be signed before an employee gains access to confidential information - ideally during the hiring process. They protect trade secrets, customer lists, business strategies, and proprietary processes throughout and after employment.

How long should an Employee NDA last?

Most Employee NDAs protect confidential information for 2-5 years after employment ends. Trade secrets can be protected indefinitely. The term should reflect how long the information retains competitive value.

What's the difference between an NDA and a non-compete?

An NDA prevents disclosure of confidential information. A non-compete prevents working for competitors. NDAs are enforceable in all states; non-competes are banned or restricted in California, North Dakota, Oklahoma, Minnesota, and increasingly other states.

Employee NDA Hub | NDA Studio

Q: Are Employee NDAs enforceable in California?

California enforces Employee NDAs but prohibits non-compete clauses. NDAs protecting trade secrets and confidential information are valid, but restrictions on future employment are generally void under California Business & Professions Code Section 16600.

State Laws Vary Significantly

California, Minnesota, North Dakota, and Oklahoma ban non-compete clauses entirely. Many other states limit duration and scope. Our generators automatically adjust language based on your selected state.

View State-by-State Guide

Choose Your Scenario

New Hire / Onboarding

Standard NDA for new employees during the hiring process. Signed before they access confidential information.

Essential Day 1

Executive / C-Suite

Enhanced NDA for executives with access to strategic plans, M&A discussions, and board-level information.

High Stakes Extended Term

Departing Employee

Exit NDA reinforcing obligations upon termination. Includes reminder of existing duties and return of materials.

Separation Severance Tied

Trade Secret Protection

Enhanced NDA specifically for employees accessing trade secrets, formulas, algorithms, or source code.

DTSA Compliant Indefinite

NDA + Non-Compete Bundle

Comprehensive package combining NDA, non-compete, and non-solicitation. State-specific enforceability warnings.

3-in-1 State Varies

Contractor / Freelancer

For independent contractors, consultants, and freelancers. Includes IP assignment considerations.

1099 Workers IP Clause

What's Included

State-Specific

Automatically adjusts for CA, NY, TX, and all 50 states

PDF & Word

Download in multiple formats ready for signing

Live Preview

See your NDA update in real-time as you customize

DTSA Compliant

Includes Defend Trade Secrets Act whistleblower notice

Frequently Asked Questions

When should I have employees sign an NDA?

The ideal time is during the offer/acceptance stage, before the employee starts work and gains access to any confidential information. If you missed that window, have them sign as soon as possible - but ensure there's fresh consideration (like a bonus, raise, or continued employment with sufficient notice).

Are Employee NDAs enforceable in California?

Yes, California enforces NDAs protecting genuinely confidential information and trade secrets. However, California voids non-compete clauses under Business & Professions Code Section 16600. Our California-specific generator removes or modifies clauses that would be unenforceable.

What's the difference between an NDA and non-compete?

An NDA (Non-Disclosure Agreement) prevents employees from sharing confidential information. A non-compete prevents employees from working for competitors for a period after leaving. NDAs are enforceable everywhere; non-competes are banned in CA, MN, ND, OK and restricted in many other states.

How long should employee confidentiality obligations last?

Standard confidential information: 2-3 years after employment ends. Trade secrets: indefinitely (as long as they remain trade secrets). Customer lists: typically 1-2 years. The duration should reflect how long the information retains competitive value.

Do I need separate NDAs for different employee levels?

While a standard NDA works for most employees, executives and C-suite members often warrant enhanced versions with longer terms, broader definitions, and specific provisions for strategic/board information. Our Executive NDA generator addresses these needs.

Employee Resources

NDA Negotiation Playbook

Learn which NDA clauses you can push back on, what's reasonable to accept, and how to protect your career while maintaining a positive relationship with your employer.

Must Read Scripts Included

Whistleblower Carve-Outs

Understand your rights to report wrongdoing. Your NDA cannot prevent you from reporting illegal activity to government agencies under DTSA and other federal laws.

Know Your Rights DTSA

When to Use a PIIA

Proprietary Information and Invention Assignment agreements can impact your side projects. Learn when they apply and how to protect your personal innovations.

IP Rights Side Projects