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a nondisclosure agreement or NDA also known as a confidentiality agreement can be used legally and is often necessary to protect commercially sensitive information but there are a few situations when NDA should not be used dont use an NDA to prevent a worker discussing harassment or discrimination unless necessary for example if the victim requests confidentiality never include an NDA in a workers contract to prevent them from making a harassment or discrimination claim against you in the future and never use an NDA to stop workers from whistleblowing reporting criminal activity or disclosing other information required by law when using an TAS in your workplace you should give workers time to read and fully understand the terms always give workers a copy make sure the NDA is clear on exactly what information is confidential monitor the use of NDAs in your workplace not following these rules could cause legal problems and risk your reputation for more advice visit the equality and H