Guide
NDAConfidentialityLegalBrand DealsContent CreatorUSANDA Guide for Content Creators: When You Need One and What to Look For (2026)
Brands frequently ask content creators to sign NDAs before sharing upcoming product launches, unreleased features, or campaign strategies. Signing an NDA without reading it can lock you out of working with competitors for years, expose you to significant damages for a social media post, or waive rights you did not intend to give up. This guide explains what NDAs cover, what to look for, and what is negotiable.
Last updated: February 26, 2026
Step-by-Step Guide
Read the entire NDA before signing
No NDA should be signed without reading it fully. If it is too complex to understand, that is a sign you need a lawyer to review it, not a sign to simply trust it.
Identify the confidentiality duration and scope
Note how long the NDA lasts and exactly what information it covers. If either is unreasonably broad, this is your first negotiation point.
Check for non-compete and non-solicitation clauses
These are often embedded in NDAs and can significantly restrict your ability to work with other brands. If present, evaluate scope, duration, and whether it is reasonable given the deal value.
Propose changes to problematic terms
Send a redlined version of the NDA with your proposed changes. Be specific and brief about why you are requesting each change.
Keep a copy of every signed NDA with expiration dates
Store signed NDAs organized by brand and date. Set calendar reminders for when non-compete periods expire so you know when you are free to work with certain brands again.
What an NDA is and when creators encounter them
A Non-Disclosure Agreement (NDA) is a contract in which one or both parties agree to keep certain information confidential. For content creators, NDAs typically arise in three situations:
1. Pre-campaign briefing: A brand shares product details, campaign strategy, or unreleased features before your video is published. They want you to keep this information confidential until the embargo date.
2. Ongoing brand partnership: A brand retains you long-term and shares business strategy, pricing, product roadmaps, or competitive intelligence. They require confidentiality during and often for 1-2 years after the relationship.
3. Product review under embargo: Tech and consumer brands send review units with an NDA requiring you not to publish until a specified date. This is one of the most common NDA scenarios for product reviewers.
Types of NDAs:
- One-way (unilateral): Only you promise confidentiality. Appropriate when only the brand is sharing sensitive information.
- Mutual (bilateral): Both parties promise confidentiality. More appropriate when you are also sharing sensitive business information.
Duration: NDAs should have a defined end date. Reasonable durations for creator NDAs are 1-3 years from signing or from the end of the business relationship. Perpetual NDAs with no expiration are generally disfavored.
Key clauses to review before signing
1. Definition of 'Confidential Information': Watch for overly broad definitions like 'any information shared by the Disclosing Party.' A reasonable definition covers non-public business information clearly marked or reasonably understood as confidential.
2. Exclusions from confidentiality: A well-drafted NDA includes standard exclusions for information that is already publicly known, information you knew before signing, information you independently develop, and information you are legally required to disclose. If these are missing, ask for them to be added.
3. Non-compete and non-solicitation clauses: Some NDAs include a non-compete clause prohibiting you from working with competing brands.
- Duration: 3-6 months is reasonable; 1 year or more is aggressive for creators
- Scope: Must be narrowly defined. A camera brand's NDA should not prevent you from reviewing any electronics.
- For online creators, worldwide geographic non-competes are often unenforceable but still create dispute risk
4. Remedies and damages: Some NDAs include liquidated damages clauses specifying a fixed penalty per breach. Liquidated damages of $100,000+ per breach warrants attorney review before signing.
5. Governing law and dispute resolution: The NDA specifies which state's law governs. Accepting disputes be resolved in a distant state's courts is a disadvantage worth negotiating.
What is negotiable and how to approach it
Many creators assume brand NDAs are take-it-or-leave-it. In practice, most brands are willing to negotiate specific terms, especially for high-value or recurring relationships.
Commonly negotiable terms:
- Duration: Request a shorter confidentiality period (1 year vs 3 years)
- Non-compete scope: Narrow the definition of 'competing brands' and shorten the duration
- Governing law: Request your home state if a distant state is specified
- Liquidated damages: Request removal or reduction of excessive clauses
- Carve-outs: Add an explicit carve-out for information that becomes publicly known
How to negotiate without damaging the relationship: Frame changes as standard business practice, not adversarial. 'My standard practice for NDAs is to limit the confidentiality period to 12 months. Can we adjust Section 3(a) to reflect that?' Most brand legal teams will accommodate reasonable requests from creators they want to work with.
When to walk away:
- The NDA prevents you from working in your core niche for an unreasonable period
- The confidentiality definition is so broad it covers publicly available information
- Liquidated damages are disproportionate to the deal value
- The brand refuses any negotiation on genuinely problematic terms
When to get legal review:
- Any NDA accompanying a deal over $10,000
- NDAs with non-compete clauses longer than 6 months
- NDAs with liquidated damages clauses
- NDAs from publicly traded companies (these often have securities law implications)
Disclaimer: This is general information about NDAs, not legal advice. For any NDA with significant restrictions or high damages exposure, consult a business attorney.
Pro Tips
- Embargo NDAs for product launches are typically straightforward — they specify a publication date and ask you to keep product details confidential until then. These usually do not need negotiation.
- If a brand's NDA includes a non-compete with a vague definition of 'competing brands,' ask them to list specifically which brands are covered — this prevents future disputes
- NDAs with very broad confidentiality definitions can create problems if you later work with a competing brand on different content — verify you are not accidentally breaching existing terms
- California has strong public policy limits on non-compete enforceability — even if you sign one, it may not be enforceable if you are a California resident (but you still should not ignore it)
- Keep a calendar reminder for when major NDAs with non-compete clauses expire — knowing when you are free to work with certain brands again is practically important for business planning