Confidentiality agreement in psychology: when to use and model to download

Professional secrecy is a pillar of psychology. But what happens when you share clinical information with a supervisor, a colleague of the interdisciplinary team or an administrative assistant? Professional secrecy binds you as a psychologist, but not necessarily the other people who access that information.

This is where the confidentiality agreement: enters a formal document extending the obligation of reservation to third parties directly or indirectly involved in the care.

What is a confidentiality agreement?

A confidentiality agreement (also called NDA, Non-Disclosure Agreement) is a contract between two or more parties that undertake not to disclose sensitive information to which they have access.

In the context of psychology, it protects patient clinical information when it is shared with people who are not directly reached by professional secrecy.

Professional Secret vs. Confidentiality Agreement

These two concepts complement each other, but they are not the same:

When do you need a confidentiality agreement?

You don't always need one. These are the scenarios where it is necessary or highly recommended:

1. Clinical supervision

When you present clinical material to a supervisor, you are sharing sensitive patient information. While in practice it is usually anonymized, a confidentiality agreement formalizes that:

• The supervisor cannot disclose the information of the case
• Clinical material cannot be used outside the scope of supervision
• Recordings or transcripts (if any) must be destroyed at the end

2 Interdisciplinary teams

When working with psychiatrists, social workers, phonoaudiologists or other professionals who do not share the same legal framework:

• Each professional has its own secrecy regime
• A unified agreement guarantees a minimum standard of protection
• Defines what information is shared, for what purpose and to what limits

3. Administrative staff and secretaries

The person answering the phone, scheduling appointments and handling the reception has access to:

• Patient Names
• Meeting times
• Sometimes reasons for consultation or emergency contact details

This staff is not reached by professional secrecy. A confidentiality agreement is must.

4. Virtual assistants or technical support staff

If someone helps you with the digital management of clinical practice (social networks, invoicing, software support), they may have indirect access to sensitive data.

5. Institutions and health centres

When you work in a mental health clinic or facility, the agreement is usually included in the employment contract. If you are not, request it.

6. Research and teaching

If you use clinical material for publications, classes or presentations at congresses:

• The agreement must specify that the material will be anonymized
• Ideally, the patient also gives his or her specific consent for this use.

What should a confidentiality agreement include?

A confidentiality agreement for the psychological field should contain:

Key elements

Recommended elements

• Procedure for return or destruction of confidential material upon termination of the relationship
• Security measures to be adopted by the recipient (do not leave files in sight, use passwords, etc.)
• Survival clause: the obligation of confidentiality survives the termination of the link

Confidentiality agreement template

Then we leave you an adaptable model. Remember to consult with a lawyer to adjust it to your specific situation and jurisdiction.

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Confidentiality agreement

City: [City], [Province]

Date: ___________________

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ENTRE:

Developing party: Lic. [Name and Surname], M. P. [Number], with professional address in [address], hereinafter "EL/LA PROFESSIONAL".

Receiving Party: [Name and Surname], DNI [Number], as [clinical supervisor/| member of | interdisciplinary team administrative staff | another], hereinafter "EL/LA RECEPTOR/A".

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PRIMER — Object

The purpose of this agreement is to establish the conditions under which EL/LA RECEPTOR/A accesses confidential information related to the professional practice of EL/LA PROFESSIONAL, including but not limited to patient data, clinical records, sessional material and any other information related to psychological care.

SEGUNDA — Definition of confidential information

Confidential information shall be deemed to be any information that EL/LA RECEPTOR/A is aware of in connection with EL/LA PROFESSIONAL, including:

a) Personal and patient identification data (b) Clinical information, diagnoses, treatment plans and medical records (c) Contents of therapeutic sessions (notes, recordings, transcripts) d) Contact and invoicing data of patients (e) Any information that, by its nature or context, should be treated as a reserve

TERM — EL/LA RECEPTOR/A obligations

EL/LA RECEPTOR/A undertakes to:

(a) To maintain strict confidentiality of all confidential information (b) Failure to disclose, reproduce, copy or transmit such information to third parties c) Use the information only for the specific purpose of [write: clinical supervision/teamwork/administrative tasks/etc.] (d) Take the necessary security measures to prevent unauthorized access (e) Notify EL/LA PROFESSIONAL immediately of any security breach or accidental disclosure

FOURTH — Exceptions

The obligation of confidentiality does not apply when:

(a) Information is required by written court order (b) There is an imminent risk of harm to the patient or third parties (c) Information already in the public domain without breach of this agreement

FIFTH — Duration

The obligation of confidentiality is undefined in nature and remains in force even after the termination of the professional, labour or contractual relationship between the parties.

SIXTH — Return and Destruction

At the end of the relationship, EL/LA RECEPTOR/A shall return or destroy any confidential material in its possession (physical or digital), confirming in writing that it does not retain copies.

SEVENTH — Non-compliance

Failure to comply with this Agreement shall result in:

(a) Immediate termination of the professional/labour link (b) Civil liability for damages (c) Legal actions that correspond to the law in force

OCTAVA — Jurisdiction

For any dispute arising out of this agreement, the parties submit themselves to the jurisdiction of the ordinary courts of [City, Province].

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Two copies of the same wording are signed for one effect only.

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Models according to context

The previous template is general. These are key settings according to the scenario:

For clinical supervision

Add in clause 3rd:

"The clinical information will be used exclusively for the purpose of supervision and professional training. EL/LA RECEPTOR/A undertakes not to use the material in publications, presentations or academic activities without prior written permission from EL/LA PROFESSIONAL and the patient."

For administrative staff

Add specifically:

"EL/LA RECEPTOR/A does not access clinical content of the sessions. The confidential information you access is limited to contact details, appointment schedule and patient invoicing data."

For interdisciplinary teams

Add:

"The parties agree to share only the clinical information strictly necessary for the patient's therapeutic goal. Any communication on the case will be made in the framework of team meetings and should not be discussed in informal settings."

Frequent errors

Have no written agreement

"We are colleagues, we know each other, we don't need to" — is the most common mistake. If there is a problem, you have nothing to support that the other person was obliged to reserve.

Too generic agreements

An agreement that says "commits to maintaining confidentiality" without defining what information, for how long or with what consequences, does not serve much legally.

Not including administrative staff

It is one of the most frequent blind spots. The secretary or receptionist handles sensitive data every day and often does not have a signed agreement.

Do not renew or update the agreement

If conditions change (new software, new monitoring modality, change of functions), the agreement should reflect those changes.

Confused with informed consent

Informed consent is between you and the patient. The confidentiality agreement is between you and a third party who accesses patient information. They are complementary documents, not interchangeable.

How to manage confidentiality agreements with Brauni

Brauni lets you centralize all the legal documentation of your clinical practice:

1. Agreements templates: Creates reusable models for each type of relationship (supervision, team, administration)
2. Digital Signing: Send the agreement to the receiver for signature from your device
3. Safe storage: Agreements are linked to the profile of the professional with encryption
4. Maturity Alerts: If you set up a duration, Brauni will let you know when it's time to renew
5. Access Log: Controls who accesses each patient's information

Summary