Silencing in the Arts 🤫

What is an NDA?

A non-disclosure agreement (NDA) is a part of a document that prevents sharing confidential information, such as the agreement itself, its terms, negotiations, or details of the issue being resolved. Unlike settlement discussions, which can’t be used in court, an NDA requires all parties to keep the details private forever, not just during negotiations.

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.

NDAs can appear in broader agreements like those for settling legal claims, employment contracts, or during mediations or investigations. Occasionally, they are listed as a separate document. The language in NDAs varies somewhat, but is frequently a template. You can look for distinguishing words and phrases like "confidentiality/confidential" and “private/privacy" or anything referring to "non-disparagement". Some NDAs are slightly less restrictive than others, but they are always highly restrictive, permanent, and usually written in dense, complex terms. Recognizing common examples can help you identify if you're being asked to sign one.



four common ways an nda is issued:


In an employment contract

In the terms of an investigation or mediation

In a settlement / grievance resolution

In a letter of severance, when an employee is simply leaving their career voluntarily


Learn more
Silencing in the Arts is a research project that traces the extent and impact of non-disclosure agreements (NDAs) on the Canadian visual arts sector. The project aims to shed light on the culture of silence that permeates the artworld, and the cycles of abuse, professional misconduct, and censorship that are perpetuated as a result.

A Project by Aisle 4

Funded by the Canada Council for the Arts Sector Innovation & Development Program

"Shhh" drawings by anonymous artists
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