An intern non-disclosure agreement is a legally binding contract that prevents interns from discussing, selling, or otherwise disclosing confidential information acquired during their internship. It helps a company ensure that an intern doesn’t share sensitive data they access while working in various company departments or areas.
Employee NDA
If you want to ensure employees keep proprietary information confidential, have them complete an employee non-disclosure agreement.
When to Use an Intern Non-Disclosure Agreement
Interns are often exposed to confidential information or “insider” secrets while working for the companies that hired them. They need access to this information to obtain knowledge and experience relevant to their educational and career goals.
If a company knows or presumes an intern could learn confidential information, the company should use an intern NDA. This document helps companies protect confidential or classified information, such as trade secrets, manufacturing protocols, copyrights, and marketing methods, from misuse.
For example, congressional interns working for senators, representatives, and other government employees may be required to sign an NDA. This way, they can protect sensitive government information, such as legislative strategies and policy discussions.
Definition of an Intern
An intern is an unpaid or paid individual who gains on-the-job experience by working temporarily for a company, usually under the supervision of a company employee.
Although an intern is typically not a legitimate company employee, they could be considered an employee if certain aspects of their internship meet the criteria described in the Fair Labor Standards Act.
How to Write an Intern Non-Disclosure Agreement
Step 1 – Provide the full names and identifying information for the intern and the company for which they’ll be working.
Step 2 – Record the types of confidential information the intern cannot disclose during and after their internship.
Step 3 – Specify the length of time for which the intern must keep their confidentiality obligations. Ensure the duration is reasonable, as a court may not recognize lengthy intern NDAs due to the temporary nature of an internship.
Step 4 – Include a non-compete clause, if applicable. Non-compete clauses specify how long an intern cannot directly or indirectly compete with a company following the end of their internship. Alternatively, you could use a non-compete agreement.
Step 5 – Name the state whose laws will govern the agreement.
Step 6 – Describe what legal options the company has if the intern divulges the company’s confidential information and breaches the NDA.
Step 7 – Have both parties sign the document.
Intern Non-Disclosure Agreement Sample
Below, you can download an internship non-disclosure and confidentiality agreement template in PDF or Word format:
Frequently Asked Questions
Is It Legal for a Company to Ask Interns to Sign an NDA?
Yes, companies can legally request interns to sign NDAs. By signing the NDA, interns acknowledge their responsibility to maintain strict confidentiality and avoid disclosing sensitive information.
This agreement protects intellectual property and provides the company with legal remedies in case of breaches. Both parties should carefully review the NDA’s terms and seek legal advice if necessary.
Why Must Interns Sign an NDA?
Companies often require interns to sign NDAs if the interns will have access to sensitive and proprietary company information.
Companies implement this requirement to protect their unique knowledge, ensure their strategies remain secure, and protect their competitive advantage.
Can Interns Share Information After Their Internship Ends?
Interns must follow the terms in their NDA. They may still have confidentiality obligations after their internship ends.
Even if their NDA expires, they should still follow ethical standards and refrain from divulging sensitive company information to third parties.