NDAs in Relationships

Today, we’re diving into a complex topic that’s becoming increasingly prevalent in personal relationships: Non-Disclosure Agreements, or NDAs.

We will discuss what they are and what they could mean for you in a relationship and how you should always proceed with caution when presented with one.

An NDA is a legally binding document that creates a confidential relationship between two parties. It can be non-mutual, protecting only the person who requested the NDA and is sharing information, or mutual, wherein both parties are obligated to the terms of the agreement.

While often thought to protect business secrets, NDAs are making their way into personal relationships, from first dates to long-term commitments for a variety of reasons.

Celebrities and high-profile individuals frequently use NDAs to shield personal or business details. But what if you’re not a public figure and someone asks you to sign an NDA before a date or within a relationship? This could be a major red flag.

If both parties run their own businesses or have LLCs, an individual may also try to get you to sign an NDA or contractual agreement under the guise of the business although it would also cover the terms of a personal relationship. You should always proceed with immense caution if an NDA is requested in a relationship.

Healthy relationships thrive on trust and openness. An NDA could indicate that a person is trying to prevent you from discussing potential misconduct or abuse you either may witness or experience yourself.

Before signing an NDA, you should understand its contents fully. Key sections to watch include the scope of what’s protected, the obligations it imposes, and any exclusions. You should be very wary of an NDA that lasts indefinitely and what carve-outs or carve-ins the agreement has.
Ideally, you would always consult a lawyer to review the terms of the NDA.

However, we understand that this is not always possible given that NDAs are often suggested in situations where there may even be power dynamics at play – where the person requesting the NDA has more money, power, or influence.

If they are legitimately acting in good faith in regard to the NDA, if you cannot afford an attorney to review the document, they should be willing to pay for one that is of your choosing.
Beyond fulling understanding, you have a right to negotiate the terms of an NDA and should feel comfortable doing so. If they will not let you negotiate the terms such as a reduced time period or additional carve-outs, they are likely not acting in good faith and do not respect the relationship or what signing an NDA really means and may instead by trying to bully or intimidate you.

If you feel pressured to sign or unsure about the terms, it’s a sign that the agreement may not be in your best interest.

If you have already signed an NDA in a relationship – you might be asking: can you break the NDA?

Legally, breaking an NDA can only generally lead to civil lawsuits, not criminal charges. However, you’re within your legal rights to report any observed or experienced crimes regardless of any NDA in place. If an NDA is used to cover up illegal activities, it’s generally not only unenforceable but could be considered void.

If you have signed an NDA and witnessed or experienced physical or sexual abuse – or any other type of crime – you can reach out to us and we can help you understand your legal rights and options. We can connect you with an experienced attorney who can help you understand these options, including filing a civil lawsuit against the individual for any harm you witnessed or endured.

Everyone deserves to understand their rights and options and as NDAs in relationships continue to gain popularity, we feel that its our duty to help protect those who may be coerced into signing an NDA or those who have already signed one and gone on to witness or experience harm. Please get in touch with us today if you think we can help.