Non-Disclosure & Privacy Clause for a China Nanny Contract

The clause has four working parts:

• Confidentiality during employment — the nanny doesn't share the family's personal information (address, finances, daily routine, names of friends or business contacts) with non-household parties.
• No social media of the family or children — no photos of the children, no posts mentioning the family by name, no tagged locations from the family home, no broadcasting daily activities. This is the part Western families care about most.
• Document handling — household documents, passports, school records that the nanny may handle for school pickup or appointments are not photographed or shared.
• Post-employment confidentiality — limited duration (12 months typical) on continued discretion about household matters; no perpetual gag clause.

The clause is short — 200–400 words in the Chinese version, similar in English. It is signed alongside the rest of the contract and translated faithfully. Both parties keep a signed copy.

What it is not:

• A non-compete. The nanny is free to work for any other family.
• A non-disparagement clause. Don't try to gag her ability to honestly describe her work history when applying for the next role.
• A surveillance authorization. Cameras in common areas are separate and need their own clause; this NDA doesn't address them.

Here is the working norm:

The Shanghai household-employment culture takes household privacy seriously already. A sensibly written clause formalizes what's already informally expected. An overreaching clause causes friction without adding actual protection.

• Importing a corporate NDA template. Tech-industry or law-firm NDAs translated literally read as alarming to a Shanghai household worker. Use a household-specific template.
• Trying to restrict her personal phone use generally. Different clause (phone use); don't roll it into the NDA.
• No clause at all, then a social-media incident. Most candidates won't post about the family — but 5% will, and you only find out after it happens. Better to have the clause.
• Demanding a non-compete. Not enforceable in practice and signals distrust. Skip.
• Skipping translation review. The Chinese version of the clause has to read fairly. A literal translation of a Western NDA often comes across as accusatory. Get it bilingual-reviewed.
• Adding the clause mid-placement. Friction. Always include it in the original contract.

• Use a household-specific template. Don't import a corporate NDA. Our bilingual template runs about 300 words and covers the four working parts above.
• Translate carefully. The Chinese version needs to read as standard professional courtesy, not as legal threat. Have a native speaker review the translation.
• Walk her through it at signing. Don't bury it in the contract package. Read through it together. Take questions. Most candidates won't have questions; some will ask whether they can mention working in Shanghai on their next CV — say yes, the clause is about specifics, not the existence of the role.
• Sign and date in both languages. Both parties keep a copy.
• Brief the children. Make clear to your own children that photos of them shouldn't go on her phone to share externally. This is a household culture, not just her constraint.
• Review at year 1. If the role extends, the clause carries over. No need to re-sign unless the scope changes.

• A candidate who refuses to sign any privacy clause. Rare and worth investigating. Most candidates sign without comment.
• A candidate or agency proposing their own NDA that restricts your ability to discuss the placement. Skip that.
• An agency template with a 5-year post-employment clause. Above norm. 12 months is the working ceiling.
• A non-compete in the agency template. Strike it.
• A candidate already posting another family on her social media. Look at her social profile during reference checks. If she's already posting prior families, she'll post yours. Pass on the candidate.