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Confidentiality Agreement vs NDA: Is There a Difference?

"Confidentiality agreement", "NDA", "CDA" — the terms are used interchangeably in the UK. Here's what each means, when wording matters, and which template to pick.

By Richard Wood, Founder5 min readUpdated 31 May 2026Last reviewed 31 May 2026NDA basicsUK lawterminology

People worry they have picked the wrong document because the names differ. In the UK they almost always mean the same thing. This short guide clears it up.

This is general information, not legal advice

NDASafe is a document preparation service, not a law firm. Our templates are legally reviewed against applicable UK law at the point of release, but every situation is different. Where significant value, unusual risk or a cross-border element is involved, take independent legal advice before you sign.

The terms are interchangeable

A non-disclosure agreement (NDA), a confidentiality agreement, and a confidential disclosure agreement (CDA) are the same instrument under different names. UK courts look at what the clauses say and do, not the title at the top. Choosing one name over another changes nothing legally.

Where wording does matter

Direction. Whether it binds one party or both — a mutual or one-way obligation.
Standalone vs clause. A separate NDA, or a confidentiality clause inside a bigger contract.
Scope and duration. What is protected, and for how long.

Which to choose

If sharing information is the immediate need, use a standalone NDA — see mutual vs one-way to pick the direction. Browse all eight templates on the homepage.

Frequently asked questions

Is a confidentiality agreement the same as an NDA?

In UK practice, yes — "confidentiality agreement", "non-disclosure agreement" (NDA) and "confidential disclosure agreement" (CDA) all describe the same kind of contract: one that creates an obligation to keep shared information confidential. The label has no legal effect; the clauses do.

What is a confidentiality clause vs a standalone NDA?

A confidentiality clause sits inside a larger contract (an employment contract, a services agreement). A standalone NDA is a separate document used before or alongside a relationship. Use a clause when confidentiality is one part of a deal; use a standalone NDA when sharing information is the immediate need.

Which should I use?

For most situations, a standalone NDA — mutual if both sides share, one-way if only you do. If you already have a contract in place, a confidentiality clause within it may be enough.