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A nondisclosure agreement (NDA), or confidentiality agreement, is legally used to protect sensitive information, but there are specific situations where it should not be applied. Avoid using NDAs to silence discussions about harassment or discrimination unless the victim requests confidentiality. Do not include NDAs in worker contracts to prevent future claims related to harassment or discrimination. Additionally, NDAs should not be used to stop whistleblowing or the reporting of criminal activity as required by law. Workers should be given time to understand the NDA, receive a copy, and the document must clearly define what information is confidential. Monitoring NDA usage is essential to prevent legal issues and protect your reputation. For more guidance, visit the equality and H resources.