Practicing truth, in silence: reflecting on the use of non-disclosure agreements in North American ecclesial contexts

ABSTRACT

With the necessary advent of #MeToo and #ChurchToo, there has been growing debate regarding the use of non-disclosure agreements in ecclesial contexts. While the contemporary use of non-disclosure agreements (NDA) stifle truth-telling and are energized by the threat of penalty, churches throughout North America (and elsewhere) have not just continued to use these clauses but have increased their use. Is it possible to utilize NDA clauses in a way that glorifies God? In this paper, I reflect on the use of non-disclosure agreements, reviewing key literature to describe the complex history and use of these clauses. I offer a theological reflection on the character of God and Scripture’s instruction regarding lawsuits and truth-telling in order to complexify the church’s practice of utilizing NDA clauses and invite the reader to reflect on whether Christians should continue to entertain the use of these clauses given the negative practical and theological implications found in their use.

KEYWORDS:

• Non-Disclosure agreements
• NDA
• #Churchtoo
• truth
• oaths

Disclosure statement

No potential conflict of interest was reported by the author(s).

Disclaimer

The author wishes to acknowledge that the information provided in this reflection does not, and is not intended to, constitute legal advice; instead, it is for general informational purposes only.

Notes

1 See Manitoba Law Reform Commission report on NDAs (Steigerwald 2023) for a more robust discussion on NDA usage in Canada and a handful of other jurisdictions, as of the writing of this paper.

Additional information

Notes on contributors

Seán McGuire

Rev. Dr. Seán McGuire holds a Doctorate of Practical Theology from McMaster Divinity College (Hamilton, Canada), serves as Pastor of a Canadian Baptist church in Hamilton, and is an Adjunct Faculty member at Carey Theological College (Vancouver, Canada). Seán has research interests in the use of the Bible in practical theology, metamodern cultural theory, theologies of technology, the intersection of theology and law, and theological reflection methods. Seán lives in Hamilton with his wife, Jessica, and their three children.