Can I outsource under an NDA?

I’m a 1099 contractor under an NDA with my client. Can I hire another 1099

contracting agency, within the NDA? What if I have the contractor sign an NDA

with me? What if I hire a W-2 employee under the LLC that is named in the NDA?

Asked on September 21, 2018 under Business Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You'll need to bring the NDA to an employment law attorney for review. The fact is that the only way to know for sure whether or not you can outsource is by reading the actual agreement. Like all contracts (and an NDA is a contract), it must be enforced accordingly to its terms. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no way to answer the question in the abstract: it depends on exactly what the agreement says, since NDAs, like all contracts, are enforced according to their plain terms. Bring the NDA to an employment attorney to review with you, to determine what you can and cannot do. It will be well worth the expense.

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