Job Interview Non-Disclosure Agreement (NDA)
The job interview non-disclosure agreement is used when divulging trade secrets when interviewing prospective employees, especially for sensitive jobs. Any person you hire should be required to sign an employee NDA (or an employment agreement containing a nondisclosure provision). But, of course, the interviewees you don’t hire won’t be signing an employment NDA or employment agreement. For this reason, have applicants for sensitive positions sign a simple nondisclosure agreement at the beginning of a job interview.
NOTE: If there is a possibility that you will hire the applicant for an employment or independent contractor position you should consider adding the Notice of Immunity provision mandated by the Defend Trade Secrets Act.
You can copy and paste this agreement into your word processing program and use it for personal or business use. This agreement allows you to choose alternative provisions. Be sure to eliminate those provisions you do not need. Consult an attorney if you need professional assurance that the information is appropriate to your situation. In general, a business attorney or intellectual property attorney can best guide you regarding NDAs.
INTERVIEW NONDISCLOSURE AGREEMENT
(“Company”) and (“Applicant”) agree as follows:
1. Company is interviewing Applicant for the position of __________ and to work on the following projects: ___________________________________________________.
2. Company’s trade secrets may be disclosed during the interview process or as a result of Applicant’s access to Company’s premises.
3. Company’s trade secrets consist of information and materials that are valuable and not generally known by Company’s competitors, including:
(a) Any and all information concerning Company’s current, future or proposed products, including, but not limited to, computer code, drawings, specifications, notebook entries, technical notes and graphs, computer printouts, technical memoranda and correspondence, product development agreements and related agreements.
(b) Information and materials relating to Company’s purchasing, accounting, and marketing; including, but not limited to, marketing plans, sales data, unpublished promotional material, cost and pricing information and customer lists.
(c) Information of the type described above which Company obtained from another party and which Company treats as confidential, whether or not owned or developed by Company.
(d) Other: ___________________________________________________
4. At all times, Applicant will keep confidential and will not make use of or disclose to any third party any of Company’s trade secrets.
5. The applicant will not use, disclose to Company, or cause Company to use any trade secret or confidential information of any other person or entity.
(Typed or Printed Name) ________________________________________
(Typed or Printed Name) ___________________________________________________
How to Write
1. Company Name
Fill in your company’s name and the name of the job applicant.
Describe the position or projects the applicant is being interviewed for.
3. Possible Disclosure of Confidential Information
This just states that the applicant might learn trade secrets during the interviewing process. There is nothing to fill in.
4. Definition of Confidential Information
This describes the kinds of material the applicant might see that you consider trade secrets. Fill in Section 3(d) if the information to be disclosed is not listed elsewhere in this section.
5. The obligation to Keep Trade Secrets Confidential
This informs the applicant that he or she cannot disclose the information.
6. Other Companies’ Trade Secrets
Here, the applicant promises not to reveal confidential information from any other company during the interview or at another time.