NDAs, or non-disclosure agreements, are legally enforceable contracts that create a confidential relationship between a person who has sensitive information. Why Have a Written Confidentiality Agreement?• Confidentiality agreements are standard and an expected part of most negotiated deals. Capitalized terms used below that are defined in the Confidentiality Agreement are used with the meanings given such terms in the Confidentiality Agreement. A confidentiality clause prevents legal teams and other members of a case from discussing certain facts related to a settlement.