Business Contracts
Independent Contractor Agreement
North Carolina
Are NDAs part of independent contractor agreements?
I am a small business owner and I have been asked to sign an independent contractor agreement. I am curious to know if non-disclosure agreements (NDAs) are included in such agreements or if they are separate documents. I am interested in understanding my legal obligations and responsibilities in this situation.
1 Attorney answer
Answer
Business Contracts
North Carolina
N'kia N.
ContractsCounsel verified
A non-disclosure agreement (sometimes called an "NDA," a "confidential disclosure agreement," or a "CDA") is a common component of an independent contractor agreement. Whether it is included in the independent contractor agreement or is a separate document does not, in and of itself, affect the enforceability or validity of an NDA. However, it must be clear how a separate NDA is part of an overall deal. An independent contractor with a valid and enforceable NDA is obligated to comply with its terms and conditions. For example, the NDA might prohibit the independent contractor from disclosing confidential information to others or might require the independent contractor to comply with certain standards for maintaining confidentiality. An independent contractor who violates an NDA could be liable to the other party for monetary damages. For example, the NDA might require the contractor to pay the other party a predetermined amount of money or a court could order the contractor to pay the other party another amount. A North Carolina attorney who is knowledgeable of independent contractor agreements and NDAs should be able to assist with these, whether they are combined or are separate documents. To best understand your obligations and responsibilities, consult with a knowledgeable attorney.