A good rule of thumb is, “When in doubt, leave it out.” It may be disappointing to leave off relevant experience, but avoiding legal issues is even more vital.
Non-disclosure agreements (NDAs) are increasingly common in the workplace, especially in fields like finance, healthcare, technology, and even the arts. These legal contracts or confidentiality agreements limit who gets access to sensitive data, trade secrets, proprietary information, and intellectual property. They also provide a legal framework through which damages can be sought if breached.
While NDAs provide benefits to both parties, professionals—especially those providing a service for the other party—face a unique challenge. How does one respect a confidentiality agreement while marketing their skills and advancing their careers?
Below, we aid professionals like you in understanding how to comply with an NDA while effectively demonstrating your skills, including how to put NDA work on a resume.
Why Are NDAs Important?
If you’re staring at a job application, you might be tempted to throw caution to the wind and speak openly of your relevant experience under an NDA. There are several reasons to pause and consider before proceeding.
As mentioned at the outset, NDAs are legal contracts. Breaking an NDA may not be a felony or misdemeanor, but it is a civil contract violation. That means it could result in a lawsuit, fines, or other penalties.
Next, breaking an NDA could hurt your professional integrity. Integrity in the workplace is a sought-after soft skill that includes honesty, ethical behavior, following through on your commitments, and doing the right thing even when no one else is watching. If it became known that you knowingly broke an agreement, it could foster distrust that could harm your career growth. After all, if you were willing to break the confidence of a former employer, what prevents you from doing so again?
Now that we’ve considered the importance of adhering to NDAs, let’s talk about how you can still legally and ethically benefit from that work experience.
How to Leverage NDA Work and Remain Compliant
The first step in leveraging work experience under an NDA while remaining compliant to it is reviewing the NDA itself. For example, you should be able to find a clause that defines what the confidential information is. Likely, you may be able to describe the work you did without revealing this information; some of your experience may have been adjacent to rather than directly involving this information. This will also let you know whether you can acknowledge the company by name.
You should also seek a description of the duration of the confidentiality. Depending on the type of information involved, this may be indefinitely or it may last for a specific time period. For example, confidentiality may only be required for a few months or years, until a product can be released or an item published. After the specified time period, you may be free to talk about your work with the project.
How to Phrase It
How you choose to talk about work under an NDA can be as important as whether you mention it at all. First, it is good to openly acknowledge the confidential nature of your work. For example, you might use phrases like the following:
- “Led a team of eight working on a confidential project for a tech industry client.
- “Managed confidential client accounts under NDA agreements.”
- “Developed proprietary technology under NDA.”
If it is inadvisable to mention the company you worked for, you may be able to list the employment as freelance work. Or, simply list the role and dates while omitting the company name.
Speak of your NDA experience in general terms rather than specifics. Highlight how you used your skills to effectively lead a team or bring a project to fruition in a certain amount of time, for example, without mentioning the nature of the project.
At times, interviewers may ask probing questions. You can prepare for this possibility by practicing what you will say. For example, you could reply, “I am bound by an NDA and unable to mention project or client specifics, but I can share that my role focused on…” followed by your skills and desirable outcomes. Present your discretion as a valuable professional strength.
When in Doubt, Leave It Out
What if the language of the NDA is ambiguous or you don’t fully understand its scope? Consider contacting the human resources (HR) or legal department of the company that issued the NDA. If you emphasize your dedication to compliance, they will likely be happy to help you sort through the jargon. Alternatively, you could consult an attorney or other legal counsel.
Are you still unsure as to how much you should share after considering the above? Err on the side of caution. A good rule of thumb is, “When in doubt, leave it out.” It may be disappointing to leave off relevant experience, but avoiding legal issues is even more vital.
Conclusion
NDAs don’t have to prevent professionals from showcasing valuable experiences. When you give thought to the contents of the NDA and seek help when needed, you can navigate their complexities and advance your career. Remember to always prioritize your integrity and legal compliance, placing them among your professional strengths.
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