An interview candidate non-disclosure agreement, or an interview confidentiality agreement, protects your company from any disclosure of information made to a candidate who applies for a position.
Many companies have NDAs that protect their proprietary information and trade secrets. However, you can’t use these documents on candidates in the application process.
This type of non-disclosure lets you thoroughly vet candidates without concern over divulging information they might take to other companies or make public.
When to Use
- For high-level candidates
- For positions working with proprietary data and programs
- For positions where trade secrets are worked on broadly within the organization
- Before discussing sensitive information
- For more honest and thorough interviews
- For better candidate assessments and cultural fits
When Not to Use
- The role doesn’t involve confidential information.
- You won’t be discussing confidential projects, IP, or strategy during the interview.
Legal Enforceability
To be valid, an interview NDA must meet legal requirements, which include:
- Mutual Consent: Both parties (your company and the candidate) must agree to the terms and sign before sharing any confidential info.
- Consideration: In return for the candidate signing the NDA, the company must give something of value, such as the opportunity to interview for a position, which is considered “consideration” in legal terms.
- Jurisdiction and Governing Law: Specify which state or country’s laws will apply if there’s a breach, especially if you’re hiring internationally or in different states.
Can Candidates Refuse to Sign an Interview NDA?
Yes, you can. This might be a red flag, especially for high-level roles where confidential info is part of the job. If they refuse, you may want to limit what you share during the interview or question their intentions.
What To Include
The interview NDA is often a simple contract, including critical points. Here are some things that should be present in the agreement:
- The Parties Involved: The contract should clearly state the company and interviewee’s legal names. It may also delineate terminology for parties, such as referring to the interviewee as “applicant.”
- The Job Title or Position: The contract should stipulate the position the prospective employee is interviewing for.
- The Protections the NDA Offers: A section within the agreement should stipulate that the agreement protects the company from disclosures that can harm its interests in the marketplace, etc.
- Definition of Information Which Cannot Be Disclosed: The contract should stipulate information that can’t be discussed outside the interview. This might include trade secrets, products, and unique information.
- The Clause on Not Disclosing Confidential Information from Another Company: One clause many companies add is that interviewees may not disclose information pertinent to another entity, such as their current or past employment. This protects the company from liability if its products or upcoming projects appear similar to a competing entity through chance.
- Signatures and Dates: The contract is legally binding after it’s signed and dated.
Your company will likely interview many candidates who are never hired permanently or temporarily. None of those interviewees can be covered under a standard employee NDA. The interview confidentiality agreement offers legal protection against intellectual property theft in these scenarios.
Sample
Below, you can download an interview non-disclosure agreement in PDF or Word format:
Consequences of Not Having an Interview NDA
The most logical consequence of not using an interview NDA is that the candidates you interview might leak information, intentionally or accidentally. They might also bring information back to their current or future place of employment.
Without a signed contract, you’ll have no recourse in those scenarios.
Many companies that don’t use non-disclosure agreements won’t discuss sensitive information during the interview. This possibility can keep your data more secure but can often mean a less productive interview process.
The ability to thoroughly discuss responsibilities and future projects for the role can give the interviewer essential information to assess candidates accurately.