What Is a Non-Disclosure Agreement (NDA) for an Employment Interview?
A non-disclosure agreement (NDA) for an employment interview protects your company when you share information with a job candidate. It states that an interviewee must not reveal specific details they learn during an interview.
Many companies have employee NDAs protecting their private information and trade secrets. However, you can’t use these documents during the interview process. An interview NDA fills that gap and offers ample protection. You can use it to discuss job tasks and future projects. These conversations can help you assess a candidate more thoroughly.
When to Use an Interview NDA
NDAs during interviews are normal when you must divulge sensitive details to give the candidate a proper description of their expected duties. They’re not always required, but they’re common in the finance and government industries. Consider using an interview NDA when you need to share:
- Trade secrets
- Proprietary programs and data
- Intellectual property (IP)
- Business strategies
- Financial projections
- Internal operations
An interview NDA is not typically required for entry-level roles. Plus, you won’t usually need one if you don’t plan to share confidential details with the applicant.
Can Candidates Refuse to Sign an Interview NDA?
Candidates can refuse to sign an interview NDA. This might be a red flag, though, especially for high-level roles where confidential details are part of the job. If a candidate refuses to sign, you should limit what you share during the interview. You should also consider whether they have earnest intentions.
What Happens Without an Interview NDA?
Without an interview NDA, you may not feel comfortable having open discussions with job candidates. This may lead to less productive interviews, leaving you unsure if they’re qualified.
If you share private information without an interview NDA in place, you risk the job candidate misusing what they learn. They may divulge it to the general public or competing companies. Without a signed contract, you’ll have no recourse in these situations.
Be sure to complete an interview NDA with Legal Templates. With this contract, you can get peace of mind that candidates will respect your company’s secrets. If they breach it, you can sue for breach of contract and pursue injunctions to stop further disclosure. Also, depending on the nature of the breach, you may be able to pursue other claims, such as copyright infringement.
What to Include in an Interview Non-Disclosure Agreement
An interview confidentiality agreement is often a simple contract, including critical points. Here are some things that should be present in the document:
- Employer’s information: The party conducting the interview and sharing sensitive details.
- Applicant’s details: The candidate who is applying for the job and receiving the information.
- Applicant’s position: The position the candidate is applying for.
- Confidential information: The details the interviewee must keep private, like certain processes or data sets.
- Protections offered by the NDA: The recourse the employer has if the interviewee misuses the details.
- Duration: How long the interviewee’s NDA lasts (e.g., six months post-interview). Don’t specify an infinite duration, as courts will scrutinize it and may deem it unenforceable.
- Severability clause: Protects the whole agreement from being thrown out if one clause is invalid.
- Governing law: The laws of the state where the interview takes place.
- Effective date: Preferably before the interview takes place for security.
- Signatures: The candidate’s and employer’s signatures.
Protecting Against Third-Party Disclosures
You may add a clause that prevents interviewees from disclosing information about another entity. For example, you may prohibit them from revealing data from a current employer. This protects your company from liability if its upcoming projects resemble those of a competing entity.
Interview Non-Disclosure Agreement Sample
View a sample of a non-disclosure agreement for interviewees. When you’re ready, you can create your own NDA to use during a job interview. Use our guided form and download the final copy in PDF or Word format.
