Like a non-compete agreement, a confidentiality agreement (NDA) is a legally binding contract for the protection of a business owner. The NDA focuses on information such as trade secrets or product inventions, and the NCA focuses on an individual or company that would open a similar business, steal customers or work for a competitor. But it can overlap. Let`s take a few examples: according to the small business administration, non-competition measures can also be taken into account when you sell your business, especially if you intend to stay in the same sector. These agreements protect the new business owner from opening a similar business for a period of time, usually in the same geographic area. A non-compete agreement generally prohibits the seller or associated parties – including principal or key employees – from performing similar work in an area for a certain period of time, in a given geographic area. Although the SBA does not have specific requirements for non-competition obligations (with the exception of the optional provision of Part 25 of the 2018 loan authorization boiler), it requires the lender to adopt prudent lending practices when making loans secured by SBA. If a lender does not obtain a non-competition agreement and the seller continues to operate in the sector and has a direct impact on the new owner`s business and this new transaction fails, the SBA would have a solid basis for indicating the repair or denial of the SBA guarantee. Non-competition measures can make it extremely difficult for workers to find employment after leaving their former employer. In particular, non-competition bans often prevent workers from working in the same sector as their former businesses. In this regard, states are concerned about the right to paid work. If professionals have spent their entire careers developing their expertise and skills specified for their sector, but are limited by a confidentiality agreement, finding a similar job from which they can capitalize on their expertise becomes inappropriate or, in some cases, impossible. When a buyer is considering acquiring a new business, both the buyer and the lender should consider whether the seller or one of its principal employees could pose a threat to the newly acquired business.