Interactive legal flowchart

Do You Need an NDA or a China NNN Agreement?

Use this decision flow before sending designs, samples, molds, specs or supplier lists to a Chinese factory, sourcing agent or trading company.

Video-style explainer

35-second NNN decision walkthrough

Scene 2

The China-side risk is bigger than secrecy.

The factory could use the design, disclose it to an affiliate, or bypass the buyer and sell directly to the customer.

Recommended route

Use a China NNN agreement

The risk is use, disclosure and circumvention in China.

If a Chinese factory, sourcing agent or trading company sees your designs, molds, samples, specs, supplier list or buyer list, a Western NDA is usually too narrow. You need Chinese-law non-use, non-disclosure and non-circumvention obligations written for enforcement in China.

Information to share

Technical or product assets

China-side recipient

Factory, agent or trading company

Transaction terms

Disclosure stage only

Counterparty verified

Chinese legal name known

Related resources

Part of the China legal knowledge base

Is an NDA enough before I send designs to a Chinese factory?

Often no. If the Chinese side may use the design, pass it to another factory, or bypass you, the document should include non-use, non-disclosure and non-circumvention obligations under a China-focused structure.

When do I need both an NNN and a manufacturing contract?

Use the NNN before disclosure. Once you are negotiating price, production, molds, inspection, payment or delivery, add a supply, OEM or manufacturing agreement.

Why does the Chinese legal name matter?

The document should bind the actual Chinese company receiving the information. A trade name, English name or sales contact may not identify the enforceable counterparty.