How to Create a PDF NDA or Non-compete Agreement and Their Differences.

Non-compete agreements and non-disclosure agreements (NDAs) are contracts between businesses and/or individuals. They're often confused with each other, but they're not the same. Designed to protect the interests of one or both parties, each can be used in a variety of circumstances.

Whether you’ve been asked to sign a non-disclosure agreement PDF or a non-compete PDF or are looking for tools to create them as PDFs, it’s important to understand the difference between the two.

What you’ll learn

• The importance of having the right wording in legal agreements
• What a non-disclosure agreement is and what to include
• What a non-compete agreement is and what to include
• How to use PDFs for non-compete agreements and NDAs

Wording matters in NDAs and non-compete agreements

NDAs and non-compete agreements can be legally binding documents covered by various federal and state laws. So, the wording you use matters. It should be clear and easy to understand by all parties.

Non-disclosure agreements and non-compete agreements can be stand-alone documents. They can also be sections or clauses within other agreements, such as employment contracts, service contracts, partnership contracts, remote work agreements, and business sale contracts. You can create your own non-disclosure agreements or non-compete agreements or use templates. Downloaded templates should be reviewed and edited as necessary to reflect your circumstances.

Always get legal advice if you are unsure of the exact wording in a non-compete or NDA document you are creating or have been asked to sign. Be aware that NDAs and non-compete agreements cannot be used to try to suppress information that breaks the law. For example, they cannot be used to prevent employees from reporting workplace sexual harassment. Nor can they be used to stop someone from reporting illegal work activities. Legal advice should be sought for how a specific agreement relates to federal and state laws.

What is an NDA?

A non-disclosure agreement, or NDA, is a contract between two or more parties that protects confidential information. They're also often called confidentially agreements. The types of sensitive information protected under an NDA can be quite broad.

Parties who might have a non-disclosure agreement.

Non-disclosure agreements may be between people involved in all kinds of business interactions. These include —

• Employers and employees
• Business partners
• Businesses and independent contractors
• Businesses and clients
• Businesses and suppliers
• Businesses and investors

Types of confidential information that may be covered by NDAs.

The scope of confidential information covered by a non-disclosure agreement may include —

• Client/customer details and databases
• Trade secrets or proprietary information such as intellectual property, systems and processes, business strategies, and other information essential to an organisation’s activities
• Data, written content, designs, software programs and coding
• Financial information such as budgets, remunerations, accounting processes, and financial results and analyses
• Employment information during employment and on termination, particularly in the case of settlements following disputes and/or grievances.

What to include in a non-disclosure agreement.

The main elements of an NDA include —

1. The legal names and roles of the parties the agreement is between
2. The purpose of the agreement
3. A definition of the confidential information
4. Any exclusions such as information considered public knowledge
5. The obligations and responsibilities of all parties
6. The duration of the agreement
7. Consequences of disclosure
8. Provision for parties to date and sign the agreement

What is a non-compete agreement?

A non-compete agreement is an agreement to protect against unfair competition and protect business interests. They are also often referred to as restraint of trade agreements or clauses. Non-compete agreements prevent people from setting up in competition with a business and/or working with a competitor.

Parties who might have non-compete agreements.

Non-compete agreements are often used between —

• Employers and employees during and after employment
• Business sellers and purchasers
• Business partners ending a business relationship
• Companies and contractors or consultants hired for projects

The types of restraints that may be covered in non-compete agreements.

The scope of restraints that may be covered in non-compete agreements may include —

• Geographical locations
• Specific products or services
• Durations
• Recruitment or poaching of clients
• Recruitment or poaching of employees

What to include in a non-compete agreement.

The main elements of a non-compete agreement include —

1. The legal names and roles of the parties the agreement is between
2. The purpose of the agreement
3. The business goods or services covered by the agreement
4. The geographic area covered by the business’s interests
5. The duration of the agreement
6. Consequences or compensation for breaching the agreement
7. Provision for parties to date and sign the agreement

Using PDFs for NDAs or non-compete agreements

Portable document format (PDF) files are ideal for creating non-compete or NDA agreements — whether as stand-alone documents or within other contracts for employment and business relationships.

Why PDFs? They’re trusted, secure, and in a format that is easy to access by people using multiple devices with the free Acrobat Reader.

For any type of contract, you need to use a tool that will allow you to —

• create or insert the relevant contract wording
• edit it as required
• protect content and wording that you don’t want to be changed
• save, store, and send securely
• be able to be signed and dated by the agreeing parties

Non-compete and non-disclosure agreements can be created directly in PDF format. Check out what is possible with PDF contracts in a free trial version of Acrobat. You can also create contracts in Word and easily convert Word to PDF online. Or use contract templates and then edit them to suit your purposes.

Some of the many features you can do in an Acrobat app or via our drag-and-drop online services include the ability to —

• edit a PDF
• password protect a PDF
• add pages to a PDF
• extract PDF pages
• request electronic signatures in PDFs

PDF confidentiality agreements and PDF non-disclosure agreements are commonly used by businesses worldwide as a reliable format to send, sign and agree on electronic contracts.

Related content.

We regularly release articles for businesses and individuals to help them get the most out of our products. To learn more about how you can use PDFs for contracts, check out some of our other articles —

• How to create and manage digital contracts and forms with interactive PDFs
• How to sign a PDF document on a computer
• PDF Security — protect your sensitive content and information