My NDA Says I Can't Mention I Worked With Them. Is That Enforceable?

Why companies want the relationship kept secret

There are legitimate reasons. A company may be developing a product it has not announced, using a vendor it does not want competitors to know about, or preparing a deal. Some sectors, such as security, finance and healthcare, treat vendor relationships as sensitive. Large brands often have strict rules about who may use their name and logo. Understanding the reason helps you negotiate an exception that still meets it.

Is it enforceable?

As a matter of contract, a clause keeping the existence of an engagement confidential is generally enforceable if it is clear and you agreed to it. It protects a real interest, and it restricts disclosure rather than your ability to work. Courts are more cautious where a clause is so broad that it prevents you from describing your own experience in any form, but you should not assume a court would refuse to enforce it.

What it cannot restrict

Some disclosures are protected regardless of what the NDA says.

These protections apply mainly to employees and to reporting wrongdoing. They do not usually give a freelancer the right to list a client in a portfolio.

• Reporting possible legal violations to government agencies.
• Disclosures protected under the Defend Trade Secrets Act immunity, such as to a government official or attorney to report a suspected violation of law.
• For many employees, discussing wages and working conditions with co-workers, under the National Labor Relations Act.
• Disclosures of sexual assault or harassment disputes where the Speak Out Act makes certain pre-dispute nondisclosure clauses unenforceable.
• Disclosures required by law or court order.

Logos, names and case studies

Using a client's name or logo publicly involves more than confidentiality. Logos are trademarks, and using them to promote your business without permission can cause problems even without an NDA. Case studies go further, often revealing results or methods. Treat each as a separate permission: name only, name and logo, or a full case study approved by the client.

Negotiating a portfolio exception

Most companies will agree to a limited exception if you ask before signing. Options, from narrowest to broadest:

• A private portfolio: you may describe the work to prospective clients in confidence, without naming the client publicly.
• Anonymised description: you may describe the project by sector and type, such as "a national retail chain."
• Name only after launch: you may list the client's name after the work is public.
• Case study with approval: you may publish a case study the client has approved in writing.

Resumes and job applications

Employees and contractors often worry about listing a confidential client on a resume. A description of your role and the type of work, without confidential details, is usually acceptable, and many NDAs permit it expressly. If yours does not, ask for an exception allowing you to describe your role and general responsibilities to prospective employers.

A worked example

Omar, a UX agency owner, signs an NDA with a fintech startup that makes the engagement confidential. After launch, he adds the startup's logo to his website. The startup, which had not announced its lead investor, objects because the case study reveals timing. Had Omar agreed an anonymised description until launch, then name and logo with approval, he could have shown the work without a dispute.

Sample wording you can propose

"Nothing in this Agreement prevents Contractor from describing the general nature of the Services in its portfolio or to prospective clients without naming Client, or, after Client has publicly launched the relevant product, from listing Client's name as a client. Any use of Client's logo or publication of a case study requires Client's prior written approval."

Common mistakes

• Assuming you can list any client once the work is live.
• Using a client's logo without permission.
• Publishing results or metrics that are confidential.
• Forgetting to negotiate a portfolio exception before signing.
• Thinking whistleblower protections cover marketing use.

Quick checklist

• Does the NDA make the existence of the relationship confidential?
• Is there a portfolio, resume or case study exception?
• Are name and logo treated separately?
• Is there a point after which the restriction ends, such as launch?
• Are legally protected disclosures carved out?

Key terms explained

These terms decide what you can say about past work.

• Relationship confidentiality: a term making the existence of the engagement secret.
• Portfolio right: permission to show work to promote your business.
• Case study: a detailed description of a project and its results.
• Trademark: a name or logo that identifies a business, protected against misleading use.
• Protected disclosure: a disclosure the law protects regardless of the contract.

When the relationship becomes public anyway

Clients often announce partnerships, list vendors in regulatory filings or credit agencies in award entries. Standard NDA exclusions usually mean information that becomes public through no fault of yours is no longer confidential. But the exclusion may not give you permission to use the client's name for marketing, which can still require consent under the contract or trademark law. If the client publicly names you, ask them in writing whether you may reference the relationship. Most will say yes.

Employees and the NLRA

For non-supervisory employees, the National Labor Relations Board has found that overly broad confidentiality clauses, including some in severance agreements, can unlawfully restrict employees from discussing their working conditions. That protection is about employment conditions, not about promoting your work, but it means employees should not assume a blanket gag clause is enforceable in full.

Sample email asking for a portfolio exception

"Before I sign, could we add a short exception allowing me to describe the project in general terms to prospective clients, without naming you, and to list your company name once the product has launched? I would of course ask for your approval before using your logo or publishing any case study."

How long the restriction lasts

If the relationship must stay confidential, ask for an end date, such as one year after the engagement or public launch, whichever is earlier. An indefinite ban on mentioning past work rarely serves a real business need.

Anonymised case studies done well

An anonymised case study can still be persuasive. Describe the client by sector and size, the problem, what you did and the type of outcome, without figures or details that would identify them. Remove screenshots with logos, product names or distinctive designs. When in doubt, ask the client to approve the anonymised version.

Questions to ask the client

Ask why the relationship must stay confidential, for how long, and whether an anonymised description or a private portfolio would meet their concern. The answers usually reveal a workable exception that both sides can accept.

Ask before, not after

Portfolio rights are easy to negotiate at the start and hard to get later. Upload the NDA to see whether the relationship itself is confidential and whether any exception applies.