The best examples of sample confidentiality agreements for freelancers

Quick, practical examples of sample confidentiality agreements for freelancers

Let’s start where most freelancers actually live: copy‑pasting from old contracts and hoping for the best. Here are practical examples of sample confidentiality agreements for freelancers that reflect what people are really using now, not vague templates from a decade ago.

Example 1: Short confidentiality clause inside a freelance contract

This is the kind of language you’d see as one section in a broader services agreement:

Confidentiality. In the course of this engagement, Client may disclose to Freelancer certain non‑public information, including but not limited to business plans, financial data, customer information, technical materials, and product roadmaps (collectively, “Confidential Information"). Freelancer agrees to use Confidential Information solely for purposes of performing the services under this Agreement and not to disclose it to any third party without Client’s prior written consent. This obligation of confidentiality does not apply to information that (a) is or becomes publicly available through no fault of Freelancer, (b) was lawfully known to Freelancer before disclosure by Client, (c) is independently developed by Freelancer without use of Confidential Information, or (d) is rightfully received from a third party without restriction. These obligations will continue for three (3) years after termination of this Agreement.

Why this works:

• Defines what “Confidential Information” means.
• Limits how you can use it.
• Lists reasonable exceptions.
• Sets a clear time period.

Example 2: Stand‑alone one‑page NDA for discovery calls

Many freelancers now send a very short NDA before deep discovery or strategy sessions. Here’s an example of a simple one‑pager:

Mutual Non‑Disclosure Agreement
This Mutual Non‑Disclosure Agreement ("Agreement") is entered into as of [Date] between [Client Name] ("Client") and [Freelancer Name] ("Freelancer").

1. Purpose. The parties wish to explore a potential business relationship (the “Purpose") and may share confidential information in connection with that Purpose.
2. Confidential Information. “Confidential Information” means non‑public information disclosed by either party, directly or indirectly, in writing, orally, or by inspection of tangible objects, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.
3. Obligations. Each party will (a) use the other party’s Confidential Information only for the Purpose, and (b) not disclose it to any third party except employees or contractors who need to know and are bound by similar confidentiality obligations.
4. Exclusions. Confidential Information does not include information that is (a) publicly known without breach of this Agreement, (b) received from a third party without breach of any obligation, (c) independently developed without use of Confidential Information, or (d) required to be disclosed by law or court order.
5. Term. This Agreement begins on the date above and remains in effect for two (2) years. Obligations for Confidential Information disclosed during the term survive for three (3) years after disclosure.
6. No License. No license to any intellectual property is granted or implied by this Agreement.
7. Governing Law. This Agreement is governed by the laws of the State of [State], without regard to conflict of law rules.

This is one of the best examples for freelancers who want protection without scaring off prospects with a 10‑page legal document.

Example 3: Confidentiality plus portfolio rights for creatives

Designers, writers, and marketers often need to show work in their portfolio, but clients want confidentiality. Here’s an example of language that balances both:

Confidentiality and Portfolio Use. Freelancer agrees to keep Client’s non‑public information confidential as described in this Agreement. Notwithstanding the foregoing, Freelancer may display the deliverables created under this Agreement in Freelancer’s portfolio (including website and social media) for self‑promotional purposes, provided that (a) any Client‑identifying information marked as confidential is removed or anonymized, and (b) such display does not occur until the earlier of (i) public launch of the relevant campaign, product, or materials by Client, or (ii) six (6) months after final delivery. If Client reasonably believes such display would reveal trade secrets or material non‑public information, Client may request in writing that specific items be excluded from public portfolio use.

This is a concrete example of a confidentiality clause that still protects your ability to market your work.

Example 4: Confidentiality for software and technical freelancers

Engineers and technical consultants often touch source code, infrastructure diagrams, or security details. Here’s an example tailored to that reality:

Technical Confidentiality. Without limiting the general confidentiality obligations in this Agreement, Freelancer acknowledges that Client’s source code, system architecture, infrastructure diagrams, security procedures, and API documentation constitute highly sensitive Confidential Information. Freelancer will (a) store such materials using industry‑standard security practices, including device encryption and password protection; (b) not transfer such materials to personal repositories or third‑party services except as reasonably necessary to perform the services and only where such services provide comparable security; and (c) promptly notify Client of any suspected unauthorized access, disclosure, or loss of Confidential Information.

This example of a confidentiality clause reflects 2024–2025 expectations around data security and incident notification.

Example 5: Mutual confidentiality in a long‑term retainer

For ongoing consulting or fractional roles, a mutual NDA is more realistic because you may also share proprietary methods or frameworks. Here’s how that can look:

Mutual Confidentiality. Each party (the “Disclosing Party") may disclose Confidential Information to the other party (the “Receiving Party"). The Receiving Party will (a) protect the Disclosing Party’s Confidential Information with at least the same degree of care it uses to protect its own information of a similar nature, but no less than reasonable care; (b) use such information only to perform or receive services under this Agreement; and (c) limit access to employees, contractors, or advisors who have a need to know and are bound by written confidentiality obligations. Freelancer’s pricing, internal methodologies, and process documents are Confidential Information of Freelancer.

This is one of the best examples of sample confidentiality agreements for freelancers who operate more like micro‑agencies or long‑term strategic partners.

Example 6: Short email‑style NDA language for small gigs

Sometimes you just need something lightweight in writing. Here’s an email‑friendly example of confidentiality language you can drop directly into a proposal or email confirmation:

Before we start, I want to confirm that any non‑public information we share with each other (including your business plans, customer data, and my internal processes) will be kept confidential and used only for this project. Neither of us will share the other’s confidential information with third parties without written permission, except as required by law or to our professional advisors who are also bound to keep it confidential.

Not a full contract, but far better than silence.

Example 7: Confidentiality plus IP ownership for content and strategy

Confidentiality clauses often sit next to intellectual property clauses. Here’s an integrated example of sample confidentiality agreements for freelancers that touches both:

Confidential Information and Intellectual Property. Client’s pre‑existing materials, business data, and strategy are Confidential Information and remain Client’s exclusive property. Freelancer’s pre‑existing processes, templates, and know‑how are Confidential Information and remain Freelancer’s property. Upon full payment, Freelancer assigns to Client all intellectual property rights in the final deliverables specifically described in this Agreement, excluding Freelancer’s pre‑existing materials and general know‑how. Confidential Information of either party may not be used to create competing products or services, except as permitted by this Agreement.

This kind of clause is increasingly common as freelancers productize services and reuse frameworks across clients.

Example 8: Confidentiality carve‑outs for legal and tax advisors

With more freelancers incorporating and hiring accountants or attorneys, it’s smart to clarify that you can share limited information with them. Here’s a realistic example:

Permitted Disclosures. Notwithstanding anything to the contrary, Freelancer may disclose Client’s Confidential Information to Freelancer’s legal, financial, or tax advisors solely as necessary to obtain professional advice, provided that such advisors are under professional or contractual obligations to maintain confidentiality. Client may make similar disclosures of Freelancer’s Confidential Information.

This protects both sides while reflecting how businesses actually operate.

How these examples of sample confidentiality agreements for freelancers reflect 2024–2025 trends

Freelance work in 2024–2025 is far more data‑heavy than it was even five years ago. Designers log into analytics dashboards, writers get access to CRM records, and developers touch production databases. That’s why modern examples of sample confidentiality agreements for freelancers increasingly:

• Mention data security practices (encryption, password protection, limited access).
• Address remote work realities (cloud tools, shared drives, third‑party platforms).
• Cover mutual confidentiality, not just one‑way protection for the client.
• Clarify portfolio rights and anonymization standards.
• Separate pre‑existing IP from project‑specific deliverables.

Regulators have also raised the stakes on mishandling sensitive information. While freelancers aren’t expected to memorize the Code of Federal Regulations, ignoring privacy and data security is not smart business. If you work with health data, for example, clients may need you to sign a Business Associate Agreement to comply with HIPAA. The U.S. Department of Health & Human Services explains how that works here: https://www.hhs.gov/hipaa/for-professionals/index.html

Even if you never touch regulated data, your clients are reading the same headlines about breaches and privacy. Solid confidentiality language is now part of looking like a real professional, not a nice‑to‑have.

Key clauses to look for in the best examples of sample confidentiality agreements for freelancers

When you review or draft your own agreement, use these examples as a checklist of issues to cover. The strongest examples of sample confidentiality agreements for freelancers usually include:

A clear definition of Confidential Information
Good contracts define it broadly but not absurdly. Look for language like “non‑public information that a reasonable person would consider confidential given the nature of the information.” That keeps you from arguing over whether a random Slack message counts.

Reasonable exclusions
Every solid example of a confidentiality agreement includes carve‑outs for information that is already public, independently developed, or received from someone else without restriction. Without this, you could theoretically be bound by information you already knew.

Purpose limitation
Most examples include a line that says you can only use confidential information “for the purpose of performing the services under this Agreement.” That’s what keeps you from reusing a client’s internal playbook for another client in the same niche.

Time limits
Perpetual obligations are common for true trade secrets, but for most freelance work, 2–5 years is more realistic. The examples above show three‑year terms, which are common in practice.

Security expectations
In 2024–2025, more contracts specify that you must use “reasonable security measures” or “industry‑standard practices” to protect data. If your client processes personal or health data, expect stronger language. For an overview of why security matters, see the Federal Trade Commission’s guidance on data security: https://www.ftc.gov/business-guidance/small-businesses/cybersecurity

Portfolio and marketing rights
You saw this in Example 3. If your contract doesn’t say anything, assume the client will argue you can’t show the work. Better to negotiate it upfront.

Return or destruction of data
Some of the best examples include a clause requiring you to delete or return confidential information at the end of the project, subject to any legal record‑keeping obligations.

Adapting these examples of sample confidentiality agreements for freelancers to your situation

Templates are starting points, not finish lines. Before you lift any example of a confidentiality clause straight into your contract, think through:

Your industry and data type

• Health, finance, and legal work demand stricter confidentiality and sometimes sector‑specific language.
• Marketing and design work often focuses more on launch timing and portfolio visibility.
• Software and data science engagements need specific language around code repositories, datasets, and access credentials.

Your role in the client’s business
A short project with minimal access can use lighter language like Example 6. A fractional CMO or embedded product strategist probably needs something closer to Examples 2, 5, and 7 combined.

Your own IP and processes
The best examples of sample confidentiality agreements for freelancers always protect the freelancer’s own methods, templates, and frameworks. You don’t want a client claiming they “own” your entire way of working because you mentioned it on a call.

Jurisdiction and enforceability
Contract law is local. What flies in California may look different in the U.K. or the EU. For a general overview of contract basics (not legal advice, but a helpful primer), the Legal Information Institute at Cornell Law School is worth a read: https://www.law.cornell.edu/wex/contract

Whenever you’re unsure, run your draft past a qualified attorney in your jurisdiction. Spending a few hundred dollars once to get a solid base template is often cheaper than cleaning up a messy dispute later.

FAQs about confidentiality agreements for freelancers

Q1. Do I always need a separate NDA, or can confidentiality just live inside my main contract?
Most freelancers bake confidentiality into their main services agreement, like in Example 1. A separate NDA is helpful when a client wants to share sensitive information before you sign a full contract—during discovery calls, audits, or strategy workshops. Both approaches are valid; choose based on timing and how sensitive the information is.

Q2. Can you share more examples of portfolio‑friendly confidentiality language?
Yes. In addition to Example 3 above, here’s another example of language that often works:

Freelancer may display non‑confidential portions of the deliverables in Freelancer’s portfolio and marketing materials after public launch by Client, provided that any information identified by Client as trade secret or competitively sensitive is omitted or anonymized.

Clients who worry about secrecy usually respond well to explicit promises about timing and anonymization.

Q3. What’s an example of something that should not be covered by confidentiality?
Typical exclusions include information that was already publicly available, or that you already knew before the project. For example, if a client tells you “we use email marketing,” that’s not confidential. If they hand you a detailed, non‑public list of their highest‑value customers, that is. Good examples of sample confidentiality agreements for freelancers always spell out these exclusions to avoid absurd results.

Q4. How long should confidentiality obligations last for freelance work?
There’s no universal rule, but in practice, 2–5 years is common for general business information. True trade secrets (like proprietary algorithms or formulas) may be protected indefinitely. The examples in this article use three‑year terms because that’s a reasonable middle ground for most freelance projects.

Q5. Are free online NDA templates safe to use?
They’re fine as starting points but not as final documents. Many generic templates ignore modern realities like remote work, cloud tools, and portfolio needs. Use the best examples of sample confidentiality agreements for freelancers in this guide to stress‑test whatever template you find, then have a lawyer adapt it for your jurisdiction and industry.

Q6. What if a client refuses to sign any confidentiality agreement at all?
That’s a red flag if they also want to share sensitive data. You can sometimes work around it by limiting what you see (for example, anonymized screenshots instead of full database access), but for high‑risk projects, it may be safer to walk away. At minimum, get some basic email‑level language in writing, like the short example in Example 6.

None of the examples of sample confidentiality agreements for freelancers in this article are legal advice. Use them as informed starting points, then work with a qualified attorney to adapt them to your location, your clients, and your risk tolerance.