Know your rights
This online resource is intended to empower artists and arts workers to understand their rights when it comes to nondisclosure, as a first step in advocating for change.
Please note that this information is for public education and does not constitute legal advice.What is an NDA?
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Being asked to sign an NDA?
Already signed an NDA?
Coping with workplace power imbalances
Resources
What is an NDA?
NDAs were originally created in the 1970s to protect trade secrets but are now used in many types of agreements, including those resolving claims of discrimination or harassment. They are often called "confidentiality" or "privacy" agreements to sound less negative, but their purpose is the same: to limit your ability to speak about the matter.


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Being asked to sign an NDA?
Many people negotiating workplace complaints, lawsuits, or tribunal applications are being pressured to sign NDAs, even when they don’t want to. They’re often told by opposing lawyers—and sometimes their own—that signing an NDA is necessary to settle and avoid court or a hearing.Key items to consider before signing:
- You have the right to decline
If you're unsure or uncomfortable with the NDA, you have the right to say no. In most cases, the matter will still settle regardless. The only required clause in a settlement agreement is a “release” that says you agree not to take legal action with regard to the complaint now or in the future.

- You can push back
NDAs are not required to settle a case, despite the fact that many lawyers now see them as standard. You can challenge this.Â
- You have time to consider and consult
It’s never a rush. You can request time to consult with others.
- You can negotiate
You can negotiate having few restrictions on an NDA, such as allowing you to talk to family, friends, health professionals or therapists.
- You can choose a mediator to negotiate
You are not required to continue working with the mediator your employee has chosen. Your mediator is meant to properly reflect you and your situation. Â
- You can protect your identity
Negotiate a one-sided confidentiality clause that keeps your identity private but allows you to share your experience with anyone you choose.
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Already signed an NDA?
NDAs often require you to keep the details of the agreement and the circumstances surrounding it confidential, typically indefinitely. Even less restrictive NDAs may limit how much of your story you can share and with whom, especially if a settlement has been reached. If the NDA doesn’t mention an expiration date, it means it lasts forever.If you've signed an NDA and regret it, remember that many NDAs are not enforceable and rely on the fear of retaliation. The other party is unlikely to sue you, as it could bring unwanted publicity, though this isn’t guaranteed.
Key items to consider if you have already signed an nda:
- Ask for a release
If you want to be released from an NDA you have signed, you can formally request a release and amendment to the terms of settlement. A draft template can be found here.
- Tell your lawyer and/or union representative that you are dissatisfied with the NDA
Help avoid future NDA compromises by communicating how much you resent signing your NDA and/or how much suffering it has caused you.
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Coping with workplace power imbalances
The following are some strategies for navigating difficult situations within a workplace from a mental health perspective:

- Acknowledge the power imbalance
Recognize what you can and cannot control.

- Prioritize your safety
Leave the environment when it is safe and feasible, securing alternative employment or a temporary safety net if possible.
- Seek emotional support
Processing emotions can be overwhelming, especially in powerless situations. Therapy can help you work through workplace trauma.
- Validate your experience
Gaslighting can occur in toxic workplaces. Seek support to affirm your understanding of what happened.
- Find community
Connect with others who recognize and resist institutional abuse. Share your experiences with trusted people and build supportive networks.
Resources
Legal Support:
Additional Resources
- Legal resources for artists/arts workers
- Artists’ Legal Outreach (British Columbia)
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Artists’ Legal Services Ottawa
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Visual Artists’ Legal Clinic of Ontario (for CARFAC Ontario members)
- Artists’ Legal Advice Services (Ontario)
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Nova Scotia Artists Legal Information Society
- L. Kerry Vickar Business Law Clinic (Manitoba)
- IntegralOrg (for Nonprofits) (Alberta)
Additional Resources
Mental health Support:
Additional Resources
- Low cost or sliding scale mental health services
- Low-Cost Therapy – The Toronto Institute for Relational Psychology
- Referral Form – OPCC: Ontario Psychotherapy & Counselling College
- GIT Student Clinic – Gestalt Institute of Toronto
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