Freelancer NDA Template: Drafting For Non-Employees (2026)

What Is a Non-Disclosure Agreement for Freelancers?

A non-disclosure agreement is a contract between a freelancer and a client, customer or employer. This agreement is designed to be enforceable in court. A party that loses an NDA lawsuit could be ordered to pay compensatory damages and to refrain from further disclosing the protected information.

When Freelancers Should Use an NDA

Freelancers will use NDAs for two reasons. First, a freelancer would use an NDA to protect any confidential or proprietary information provided by the freelancer.

For example, suppose a chemist has a proprietary process for creating a chemical compound. If they work as a freelancer advising a chemical company, they may use an NDA to prevent the company from disclosing their process.

Second, freelancers can use NDAs to reassure employers, customers and clients that they will not disclose the companies’ information. When hiring an employee, a company may be accustomed to using a temporary or permanent employee contract to restrict the worker’s use and disclosure of company information. A company may expect freelancers to provide the same assurances.

Freelancer NDAs are particularly important to protect the company's trade secrets. One element of creating a trade secret in most states is to take reasonable measures to maintain its secrecy.

Key Clauses to Include in a Freelance NDA

A freelance NDA should include the names of the parties. It should also explain what each party promises. If the NDA is unilateral, for instance, it should describe what a party will provide in exchange for another party’s secrecy.

NDAs should also describe the information covered by the agreement. If the information cannot be described precisely, the NDA should list the types of information included, such as “financial information” or “manufacturing processes.”

How to Write a Freelancer NDA

Writing freelancer NDAs usually starts with negotiating the NDA’s duration and scope. Once the terms are agreed upon, you can incorporate those customized terms into a freelancer NDA template.

The finalized NDA should be signed by both parties. Many states, such as Florida, require contracts that restrain businesses to be written and signed.

This process can be complicated because every state has unique contract laws. Consider contacting a lawyer to learn how to write an NDA for freelance work in your state.

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