Confidentiality Clauses and NDAs in Brand Deals: What You Can Still Say (and Must Disclose)

Plenty of brand deals arrive with a confidentiality clause in the contract, and some come with a separate non-disclosure agreement (NDA) before you've even seen the brief. Most of what they ask for is reasonable: keep the fee private, don't leak the product before launch, don't share the brand's internal documents.

The one thing a confidentiality clause can't do is stop you from telling viewers you're being paid. This page covers what these clauses usually cover, where the FTC's disclosure guidance sits relative to them, and the carve-outs to ask for before you sign.

What a brand deal NDA usually covers

Confidentiality terms in creator deals tend to cover some mix of:

• The deal terms. Your fee, the payment schedule, and sometimes the fact that negotiations are happening at all.
• Unreleased products. A new game, a hardware revision, a flavor, a feature. You may see it weeks before the public does.
• Embargo dates. The date and time before which you can't show or mention the product. The game publisher post covers embargoes in detail.
• The brief and internal materials. Talking points, campaign plans, other creators on the campaign, performance targets.
• Feedback you give. If you test a product early, what you report back to the brand privately.

None of that is unusual, and agreeing to it is often the price of early access. The details that matter are how long it lasts, how broadly "confidential information" is defined, and what it says about disclosure.

What it can't cover: telling viewers you're paid

The FTC's guidance for influencers is clear about who carries the disclosure duty. From "Disclosures 101 for Social Media Influencers":

"As an influencer, it's your responsibility to make these disclosures, to be familiar with the Endorsement Guides, and to comply with laws against deceptive ads. Don't rely on others to do it for you."¹

A brand can ask you to keep the fee secret. It can't ask you to keep the relationship secret once you're promoting its product. If a draft says the "existence of this Agreement" or "the relationship between the parties" is confidential with no exception, that wording, read literally, conflicts with a disclosure you're expected to make.

A few points from the FTC's pages that matter here:

• The relationship has to be disclosed, not the price. The FTC's Q&A says that "you don't have to disclose exactly how much you were paid."² So keeping the fee confidential and disclosing the sponsorship are compatible. "Sponsored by [Brand]" says nothing about the number.
• Free products count. Disclosures 101 says to "Disclose the relationship if you got anything of value to mention a product."¹ An NDA that comes with a free unit is still a material connection once you talk about the product.
• Early access isn't a disclosure. The FTC answers this exact case: a reviewer paid to cover an unreleased game asks whether saying they got a "sneak peek" is enough. The answer: "No. Merely referring to your early access doesn't tell people that you were paid for your review. You should say that you were paid."²
• Live streams repeat it. "If making an endorsement in a live stream, the disclosure should be repeated periodically so viewers who only see part of the stream will get the disclosure."¹ The FTC disclosure post covers how to do that on stream.

Most brands don't actually want you to hide the sponsorship. The FTC's Q&A tells advertisers to "Instruct members of the network on their responsibilities for clearly and conspicuously disclosing their connections to you."² A conflict usually comes from a template NDA written for something else, not from a brand asking you to break the rules. That makes it easy to fix in writing before you sign.

The carve-outs to ask for

When you get a confidentiality clause or NDA, read it for these and ask for any that are missing:

1. A disclosure carve-out. Nothing in the agreement stops you from disclosing the paid relationship as required by law, platform rules or FTC guidance. This is the one to insist on.
2. A clear end date. Confidentiality about an unreleased product should end when the product is publicly announced or the embargo lifts. Confidentiality about the fee can last longer, but "in perpetuity" for everything is broader than most deals need.
3. A narrow definition. "Confidential information" should be what the brand marks or identifies as confidential, not everything you hear during the deal.
4. Standard exclusions. Information that's already public, that you knew before, or that you got from someone else without a confidentiality duty shouldn't be covered.
5. Your own advisers. You should be able to share the contract with your lawyer, accountant, or manager, who keep it confidential too.
6. Required by law. If you're legally required to disclose something (a court order, a tax authority), you can, ideally after telling the brand.

The contract checklist covers the rest of the agreement. If the NDA arrives before any terms, it's fine to sign a narrow one to see the brief; just don't let a broad one quietly cover the deal you haven't negotiated yet.

Wording to propose

Something along these lines is a starting point when you reply:

Nothing in this Agreement restricts Creator from disclosing the existence
          of a paid or material relationship with Brand in connection with the
          Content, as required by applicable law, platform rules or FTC guidance.
          The financial terms of this Agreement remain confidential.

          Confidentiality obligations regarding unreleased products end when Brand
          publicly announces the product or the embargo date passes, whichever is
          earlier. Other obligations end [12/24] months after this Agreement ends.

          Confidential Information does not include information that is or becomes
          public through no fault of Creator, that Creator already knew, or that
          Creator receives from a third party without a duty of confidentiality.

          Creator may share this Agreement with Creator's legal, tax and financial
          advisers and manager, who are bound by confidentiality, and may disclose
          information when required by law.
          

This is illustrative, not finished contract language. If the brand pushes back on the disclosure carve-out specifically, treat that as a red flag rather than a drafting detail.

What you can say on stream

Under a typical NDA plus a disclosure carve-out, here's roughly how it splits.

Fine to say (and the part you must say):

• "This stream is sponsored by [Brand]." / "Paid partnership with [Brand]."
• "[Brand] gave me early access to this and is paying me to play it today."
• Your honest experience with what you're showing, within the approved scope. The FTC's guidance says, "If you're paid to talk about a product and thought it was terrible, you can't say it's terrific."¹ See what to do if you don't like the product.

Usually covered by the NDA:

• How much you're being paid, or how the deal is structured.
• Anything about the product the brand hasn't announced, before the embargo lifts.
• Other creators on the campaign, launch plans, or what's in the brief.

Watch in chat:

• "How much are they paying you?" You can decline: "Can't share the numbers, but yes, it's a paid sponsorship."
• "When does it come out?" If the date isn't public, "Soon, keep an eye on [Brand]'s channels" stays inside most NDAs.
• Leaks from mods or co-streamers. If someone else on the stream has seen the brief, the same terms should apply to them. Mention it to the brand before the stream, not after.

If the NDA is already signed

If you signed something broad and it seems to stop you from disclosing, don't skip the disclosure. Email the brand, point to the clause, and ask them to confirm in writing that you can disclose the sponsorship. Most will reply quickly, because an undisclosed endorsement is a problem for them too.

If a brand ever tells you not to disclose a paid relationship, that's the point to stop and get advice, and to think about declining the deal. A fee isn't worth taking on a deceptive-advertising problem for someone else's campaign.

FAQ

Can a brand deal NDA stop me from saying I'm sponsored?
It shouldn't. The FTC says making the disclosure is the influencer's responsibility, so ask for a carve-out that lets you disclose the paid relationship as required by law and platform rules. If a brand refuses, treat it as a red flag.

Do I have to tell viewers how much a sponsor is paying me?
No. The FTC's Q&A says you don't have to disclose exactly how much you were paid. You do have to disclose that you were paid, so keeping the fee confidential and disclosing the sponsorship fit together.

Is "I got early access" enough of a disclosure?
Not if you were paid. The FTC addresses an unreleased game reviewed for pay and says referring to early access doesn't tell people you were paid; you should say that you were paid.

How long should an influencer NDA last?
Confidentiality about an unreleased product should usually end when the product is announced or the embargo lifts. Confidentiality about deal terms can run longer, often a fixed period after the deal ends. "Forever, for everything" is broader than most creator deals need.

Can I tell my manager or accountant about a confidential deal?
Ask for that in the NDA. A standard clause lets you share the agreement with your legal, tax and financial advisers and your manager, as long as they keep it confidential too.