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Freedom251 › Blog › contract drafting

Non-Disclosure Agreement: Draft Terms and Publish on WordPress

By Freedom251 Team · · 13 min read

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To create a non-disclosure agreement (NDA), first decide what information is confidential, the precise purpose for using it, who may receive it, how long secrecy lasts, and which law and courts apply. Have a qualified solicitor or attorney check the wording for the actual transaction and jurisdiction. Then publish an explanatory copy as a WordPress Page using Pages > Add New. A WordPress page can display terms, but its public, private, or password-protected setting does not by itself create a signed contract between the parties.

The legal guidance cited here comes from the UK Intellectual Property Office (UK IPO), so examples such as England and Wales, Scotland, and a deed for some one-way agreements must be treated as UK-context guidance rather than a universal enforceability rule.

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What an NDA is and when it is useful

The UK Intellectual Property Office defines the starting point plainly: “An NDA (Non-disclosure agreement) is a legal contract.” An NDA sets conditions for sharing information in confidence, identifies what the recipient may do with it, and limits disclosure outside the agreed circle. Read the full UK IPO guidance for its legal context: Non-disclosure agreements (published 12 March 2015).

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Businesses commonly consider an NDA before discussing an idea or project with a potential investor, manufacturer, stockist, or joint-venture partner. It may also be relevant when information will be shown to an accountant, bank, financial adviser, insurance broker, business coach, or marketing agency. The fact that a conversation is business-related does not automatically make it confidential; the parties need to agree what is protected and how it may be used.

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An NDA is appropriate when disclosure is planned and the recipient can be identified. It is not a substitute for deciding whether the information is patentable, whether another contract is needed, or whether local trade-secret and employment rules apply. If a real disclosure is imminent, obtain advice from a solicitor or attorney who works in the applicable jurisdiction before sending the information.

Separate the legal drafting job from the WordPress job

There are two different tasks:

  • Drafting: the parties negotiate and sign terms that fit their transaction and governing law.
  • Publishing: you place an explanation, template workflow, or approved text on a website page so readers can access it.

WordPress performs the second task. It does not determine whether an NDA covers a particular disclosure, prove that a visitor accepted the terms, or replace signatures, deeds, electronic-signature formalities, or other execution requirements. Do not assume that putting wording on a public, private, or password-protected page forms an agreement with a customer, supplier, employee, or prospective partner.

Decide what information the NDA covers

Define the information categories

Start with a description that lets both sides identify protected information without turning every ordinary fact into a secret. Depending on the deal, the definition might address product concepts, technical drawings, source material, pricing, forecasts, customer lists, manufacturing details, know-how, or project-related personal information. The agreement should also say whether copies, extracts, notes, analyses, and materials derived from the disclosure receive the same protection.

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Choose whether markings are required

The UK IPO presents a practical choice: coverage can be limited to information recorded and marked confidential, or it can also include information given orally in meetings, demonstrations, or presentations. If oral disclosures are included, specify how the discloser will identify them and whether a written confirmation must follow within a stated period. If only marked documents are protected, establish a consistent marking process before the first disclosure.

Neither approach is automatically correct. A product demonstration may contain valuable information that cannot be stamped in advance, while a large data room may need a clear document-labeling rule. Select the method that matches how the parties actually communicate and have counsel check whether the definition is workable under the chosen law.

Set the permitted purpose narrowly enough to work

An NDA should state why the recipient is receiving the information. Examples include evaluating an idea, deciding whether to invest, assessing a proposed supply relationship, or discussing a joint venture. The recipient should be allowed to use the information only for that stated purpose and not for its own competing project.

Describe the proposed discussion accurately before signing. The UK IPO warns that a purpose may later be widened, whereas narrowing an overly broad restriction can be difficult or impossible. Avoid a vague phrase such as “any business purpose” when the parties are evaluating one defined project. Conversely, do not describe the purpose so narrowly that routine steps needed to complete the evaluation become a breach. List necessary activities, such as due diligence, costing, prototype review, or regulatory assessment, if they are genuinely part of the deal.

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Choose one-way or mutual structure

Identify the disclosing and receiving parties before selecting the form. A one-way NDA fits a transaction in which only one side expects to provide confidential material. A mutual NDA fits a discussion in which both sides will exchange protected information. Do not make a one-way transaction mutual merely because a template offers that option; reciprocal obligations can add duties that the parties did not intend.

Decision One-way NDA Mutual NDA
Who discloses? One identified party discloses; the other receives. Both parties may disclose and receive information.
Confidentiality duties Usually imposed on the receiving party in relation to the named discloser’s information. Applied to each party when it receives the other party’s information.
Best fit A company showing its product plan to a prospective investor or manufacturer. Two businesses exchanging technical and commercial information while assessing a joint venture.
UK execution point The UK IPO says a one-way NDA may need to be executed as a deed for enforceability in its context; obtain local legal advice. Execution requirements still depend on the governing law and the parties’ circumstances.

The deed point above is specific to the UK guidance’s context. It is not a rule that every one-way NDA everywhere must be a deed. A lawyer should confirm who must sign, whether consideration is relevant, whether witnessing is required, and whether electronic execution is valid.

Control who may receive the information

Decide whether the recipient may share information with employees and professional advisers who need it for the permitted purpose. A useful clause identifies those people by role and requires them to be bound by confidentiality obligations. It should also make the recipient responsible, where appropriate, for a permitted person’s unauthorized disclosure.

Consider whether contractors, parent companies, lenders, insurers, auditors, or regulators need access. Do not grant a broad “representatives” permission without deciding which categories are necessary. The agreement can require the recipient to tell each permitted person about the confidential nature of the information, limit access to a need-to-know basis, and keep a record of disclosures where the project warrants it.

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Choose a duration that matches the information

Set both the period during which information may be disclosed and the period during which confidentiality duties continue, if they differ. The UK IPO gives three or five years as common examples, not as a statutory term or measured market statistic. A short product evaluation may need a different period from a long development project.

Some information may need protection for as long as it remains secret. The UK guidance names know-how, customer lists, and personal information connected with a project as examples that might be kept confidential indefinitely. Whether an indefinite obligation is valid or practical depends on local law and the information’s nature. Ask counsel to distinguish information that can be protected for a defined period from information that should remain protected while it qualifies as a trade secret or otherwise confidential material.

Also address what happens at the end of the relationship or on request: return, deletion, or destruction of documents and copies; treatment of backups; and a limited exception for records that must be retained by law or professional rules. These operational details should reflect what the recipient can actually do.

Set governing law and the forum for disputes

When the parties are in different countries, state which law governs the agreement and which courts may hear a dispute. These are separate choices: a contract can specify one jurisdiction’s law and a forum for proceedings, subject to applicable rules. The UK IPO notes that legal systems can differ even within the United Kingdom, including between England and Wales and Scotland.

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Do not copy a governing-law clause from an unrelated template. Confirm the parties’ locations, where the disclosure and possible harm will occur, mandatory local rules, and whether a chosen court can enforce a judgment against the other party. Cross-border arrangements merit advice from counsel familiar with both jurisdictions.

Use a safe signing and disclosure sequence

The UK IPO’s practical recommendation is not to disclose the ideas or information until the recipient has signed and returned the NDA. Build the workflow around that sequence:

  1. Identify the parties and the exact project.
  2. Agree the information definition, purpose, permitted recipients, duration, and dispute provisions.
  3. Have a qualified solicitor or attorney review the draft for the governing law and transaction.
  4. Send the final version for signature using a method the parties accept.
  5. Check that all required signatories, witnesses, or deed formalities are complete.
  6. Store the executed copy and a record of when disclosure is authorized.
  7. Only then provide the confidential material, using the agreed marking and access controls.

If information has already been shared, tell counsel exactly what was disclosed, when, and to whom. Do not assume that signing a later document automatically cures every earlier disclosure.

Get professional review before relying on the wording

A general explanation or template cannot resolve questions such as employment status, patent filing strategy, data-protection duties, export controls, regulated information, competition law, or remedies for breach. The UK IPO recommends obtaining advice from a professional familiar with the relevant law. An attorney or solicitor can also determine whether a deed, consideration, witness, electronic signature, or additional agreement is needed.

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For drafting references, the Institute of Chartered Accountants in England and Wales points readers to example standard NDA documents and books compiling contract clauses in its guide to non-disclosure and confidentiality agreements. Examples can help you prepare questions, but they are not a substitute for adapting the document to the parties and transaction.

How do I create an NDA page in WordPress?

Once the text has been reviewed and you know whether the page is educational, a downloadable form, or an approved set of terms, create a WordPress Page. WordPress Pages are intended for persistent content outside the normal chronological post stream, such as an “About” or policy page. The official workflow is documented in Create pages.

Standard dashboard procedure

  1. Sign in: open your WordPress administration area with an account allowed to publish Pages.
  2. Open the editor: select Pages > Add New. If your installation uses a slightly different menu label, use the Pages screen’s Add New control.
  3. Add a descriptive title: use a title such as “Non-Disclosure Agreement Guide” or “Project NDA Information.” Do not label an educational article as a signed agreement.
  4. Enter the reviewed content: add the explanation, scope notes, definitions, and instructions supplied by counsel. Use separate blocks for headings, paragraphs, lists, tables, and downloadable files.
  5. Adjust page settings: review the permalink or slug, featured image if your theme uses one, parent page, template, discussion settings, and any custom fields your site requires.
  6. Save or preview: use Save Draft while editing and Preview to inspect the page as visitors will see it.
  7. Publish: select Publish, confirm the publication panel, and open the live URL in a separate browser window.

The WordPress block editor is the default editing interface and represents content as blocks. Its controls and publishing panel are described in WordPress Block Editor.

Build a readable NDA explainer with blocks

  • Use a single Heading 1 supplied by the page title, then Heading 2 blocks for major questions such as scope, permitted use, duration, and signatures.
  • Use Heading 3 blocks for alternatives such as one-way versus mutual arrangements.
  • Use Paragraph blocks for explanations and List blocks for requirements or pre-publication checks.
  • Use a Table block only when readers must compare genuine alternatives, such as one-way and mutual structures.
  • Put legal definitions or sample clauses in a Quote or Code block only when counsel has approved the presentation; a code block changes appearance, not legal effect.
  • Attach a reviewed PDF separately if readers must download a form. Keep the page text and the file version synchronized.

Do not paste a scanned signature page or a visitor’s personal information into a public page. Use an appropriate secure signing and document-management process for executed agreements.

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Set visibility without confusing it with legal consent

WordPress offers Public, Private, and Password protected visibility options. The official settings are explained in Set blog content visibility (Block Editor).

Visibility What WordPress controls What it does not establish
Public Visitors can access the page according to your site’s normal permissions and indexing configuration. It does not show that a counterparty signed, accepted, or understood an NDA.
Private Only authorized logged-in users with the required WordPress capability can view it. It does not create a confidential relationship or replace a negotiated agreement.
Password protected Visitors must enter the page password to view the content. Knowing the password is not the same as signing a contract or accepting its terms.

Choose visibility for the website’s publishing need. A public guide may be appropriate for general education; a private or password-protected page may limit access to an approved audience. For an actual business disclosure, use a separate signed NDA process and share the confidential material only after execution.

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Keep the privacy-policy tool separate

WordPress includes a privacy helper under Settings > Privacy. It can help an administrator create or designate a site privacy-policy page, but it is not an NDA generator and should not be used to publish confidentiality terms. WordPress states that the administrator remains responsible for a comprehensive, current privacy policy that reflects applicable requirements. See WordPress Privacy for the helper and its responsibilities.

A privacy policy explains how your website handles personal data. An NDA governs confidential information shared between identified parties for a defined purpose. One document cannot safely stand in for the other.

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Pre-publication checklist

  • The page clearly says whether it is an educational guide, a template for legal review, or approved transaction terms.
  • The NDA identifies each party and states who discloses and who receives information.
  • The confidential-information definition covers the formats the parties will actually use, including oral disclosures if intended.
  • The permitted purpose matches the real evaluation or project and does not grant unnecessary uses.
  • Employees, advisers, contractors, or other recipients are listed only when access is needed and remains confidential.
  • The duration distinguishes a defined term from information that should remain secret while it retains that character.
  • Governing law and dispute forum have been chosen with jurisdiction-specific advice, especially for cross-border parties.
  • Signing, witnessing, deed, and electronic-execution requirements have been checked before disclosure.
  • The WordPress title, slug, headings, links, tables, downloads, and mobile layout have been proofread.
  • Page visibility is selected for the website audience and is not presented as evidence of contractual acceptance.
  • The live page contains no personal data, credentials, private project details, or unapproved draft language.

Troubleshoot common WordPress publishing problems

The Add New option is missing

Your account may lack the capability to create Pages, or a site administrator may have restricted the menu. Ask an administrator for the appropriate role or create the draft in an approved editorial workflow. Do not bypass access controls by exposing the text through an unprotected file URL.

The page is published but visitors cannot see it

Reopen the page’s visibility setting, confirm the page is published rather than a draft or scheduled item, and check whether a password is enabled. Also verify that the page is linked in your navigation or another page; publication does not automatically place every Page in a menu.

Formatting changes after pasting a document

Paste plain text where possible, then rebuild headings, lists, and tables with native blocks. Preview on a phone and desktop. Remove hidden text, tracked changes, comments, and copied signature images before publication.

The legal text needs a correction

Pause disclosure if the page contains terms intended for a live transaction. Have counsel approve the revision, update the page and any downloadable file together, record the version, and tell existing counterparties which executed version governs. Editing a web page does not amend an already signed NDA unless the parties agree to an amendment in the required form.

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Frequently asked questions

Can I copy an NDA from a website and use it immediately?

You can use a public example to identify issues to discuss, but a copied form may assume a different jurisdiction, transaction, or execution method. Have a qualified local lawyer adapt it before relying on it.

Does a password-protected WordPress page make the NDA enforceable?

No. Password protection controls access to website content. Enforceability depends on the parties’ agreement, applicable law, required formalities, and the facts of the disclosure.

Should an NDA cover information shared in a meeting?

Include oral or presentation disclosures only if the parties intend that result and can identify them reliably. The agreement should explain how an oral disclosure is designated and whether written confirmation is required.

Is a three-year NDA always sufficient?

No. Three or five years are examples in UK IPO guidance, not universal rules. Match the period to the information and obtain advice on any material that should remain protected while it is secret.

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What if the parties are in England, Wales, and Scotland?

Do not assume one clause covers every part of the UK without review. The UK IPO notes that England and Wales and Scotland have different legal systems, so governing law, forum, and execution should be selected with advice for the actual parties.

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