"When I got the job, it came with a confidentiality agreement that was longer than my SEA," says one former chief officer. "It covered everything from guest names to what shampoo their dog used."

In the world of superyachting, NDAs – non-disclosure agreements – are nothing new. But some crew are raising concerns about how they’re used, and in some cases: abused. While owners have every right to protect their privacy, what happens when these agreements are used to keep crew silent about things they should be speaking up about?

An NDA is a legal agreement designed to protect confidential information from being shared. In yachting, that typically means protecting the identity of the owner or guests, details of the itinerary, or technical and operational specifics.

"The NDA is simply a contract between two parties,” explains Michael T. Moore of Moore & Company Yacht Lawyers in Florida. “We’re certainly seeing more of them now as owners seek that extra level of protection for their privacy."

Benjamin Maltby, Partner at UK firm Keystone Law, adds: “They can serve legitimate purposes like protecting the UBO’s [Ultimate Beneficial Owner’s] private life.” But he also warns that they “are unenforceable or void if they contravene statutory prohibitions, like preventing whistleblowing or victim disclosures under the new Victims and Prisoners Act 2024, or if they are used improperly to silence individuals or cover up wrongdoing.” In short: no NDA can legally prevent a crew member from reporting criminal conduct, discrimination, or unsafe practices.

There are, of course, legitimate reasons for NDAs. “Don’t post Instagram selfies with guests. Don’t TikTok on or around the yacht. Don’t tweet the yacht’s location in real time,” says one captain. “Basic discretion is part of the job. Owners and guests are often high profile, and this is their time to relax, in privacy. NDAs make it clear that privacy is paramount.”

Moore adds, “Generally they’re used legitimately to protect the owner’s business and personal interests. Anything that’s confidential, like trade secrets and copyright issues – intellectual property – all these need protecting and NDAs prevent anyone sharing this information with third parties.”

But Angela Wallace, Purser Trainer and former head of the PYA Welfare Group, says she has seen NDAs used as tools of intimidation, especially against inexperienced or non-native English-speaking crew. “A lot of green crew have no idea what they’re signing,” she says. “There’s often no onboarding explanation, and if they post something on social media, they’re blissfully unaware of the consequences.”

She stresses that it’s vital crew read and understand the contents of any contract before signing, and feel empowered to ask questions without fear of judgement.

“Naturally this intimidation comes from high-ranking personnel,” she continues. “Green crew are just so happy to have a job that often they’ll put up with bullying or even harassment.” Some may even believe it’s normal or deserved, especially if they’ve experienced similar behaviour before. Language barriers and cultural dynamics can make it harder for some crew to speak up, particularly when the bullying is subtle: exclusion, unrealistic tasks, or being deliberately left out of team communication.

Some owners and captains go a step further. Wallace says, “Of course – what happens on the boat stays on the boat, right? And in many cases, the crew are ‘compensated' by cash or gifts [for turning a blind eye]. With owners who have a large team of lawyers, what young crew member will go against them?”

Power dynamics on board can skew perceptions of what’s acceptable. Junior crew, desperate to prove themselves, often won’t question unreasonable or even illegal demands if the seniors don’t. “There’s a culture of ‘shut up and be grateful,’” says one stewardess. “Even if someone crosses a line, you’re made to feel like speaking up is career suicide.” A deck officer confirms this, “And you’re just constantly told this is what happens in yachting. So if you want to keep your job you just keep your head down.”

Another stewardess told us she didn’t report verbal abuse from a senior officer because she’d signed an NDA and was “terrified of being sued.” The chief officer had told her just that. But as Maltby clarifies, “NDAs are not intended to prevent the reporting of poor conduct by other crewmembers or the existence of unsafe practices.”

He adds that many NDAs are so broadly written they undermine themselves: “Clauses defining ‘Confidential Information’ are often so wide that they become unenforceable. All too often, NDAs are just copied from shore-based templates and are laughably unsuitable.”

“The bigger the paperwork, the dodgier the yacht,” says a chef. “I once had to sign an NDA because the boss was blatantly cheating on his wife. It said if the affair reached the wife, we could be liable for his legal costs! Not sure that would stand up in court, but it was enough to scare people into silence.”

Wallace confirms that NDAs are often used to keep crew from speaking out. “I’ve seen cases where crew were told they couldn’t talk, even in situations involving harassment or coercion. But an NDA is null and void when it comes to criminal acts.” This includes assault, harassment, unsafe working conditions, and pollution: “NDAs cannot be used to stop reports that involve safety, risk to life, injury, or environmental damage.”

With yachts operating across territories and flying flags of convenience, jurisdiction can be tricky.

Moore explains, “Jurisdiction can be agreed in the NDA. It doesn’t matter what the flag state is, it depends on what the parties have agreed.”

But when there’s no jurisdiction stated, things get murkier. Maltby points to the 2024 case of Yacht Management Company Ltd v Gordon, where a UK employment tribunal agreed to hear a yacht stewardess’s claim under UK law because she was paid into a UK bank account and paid UK taxes, even though the yacht had never entered UK waters. “A good place to start,” he advises, “is legal advice in your country of residence.”

Even after leaving a vessel, NDAs can cast a long shadow. Some crew are reluctant to list yachts on their CVs or even talk about their experiences at all.

"I posted a sunset and got fired, right at the end of our season," says a former deckhand. "Apparently the island in the background gave away our location." What he missed was the reflection of the yacht name on his crew shirt in the stainless steel he’d spent all afternoon polishing in the foreground of his aft deck Santorini sunset shot. Name of yacht plus iconic blue and white Santorini cliffside villa photo equals… well, in this case, instant dismissal. “Captain told me he wouldn’t give me a reference as I’d breached contract and hoped I would learn my lesson.” It took him a year to find another job. 

Wallace notes that fear of breaching NDAs, even when unenforceable, can lead to stress, isolation, and long-term career damage.

Moore adds that NDAs should never last indefinitely. “Three years is the maximum I’d recommend. Any longer is usually unenforceable.”

It’s important to be absolutely clear: no NDA can force you to tolerate or stay silent about illegal, unsafe, or abusive behaviour. That includes harassment, assault, discrimination, coercion, or being asked to perform duties that are unethical or outside your role.

If a captain or owner uses an NDA to intimidate you into silence – or worse, into compliance – that’s not confidentiality. That’s abuse of power.

“You didn’t sign away your rights,” says Wallace. “If something’s wrong, speak up. You don’t need permission to do the right thing.”

If in doubt, contact Yacht Crew Help, Nautilus International (for members), the PYA, or Changing Tack (when fully operational). All can offer support on NDAs, contracts, and crew welfare. You can also start with legal or welfare guidance in your country of residence – even if the yacht flies another flag.

1. “Sign this now or lose the job.”
If you're being rushed or pressured to sign, stop. Maltby says you should be given at least ten days to review it and get advice.

2. Vague or sweeping language.
If “Confidential Information” includes everything from engine hours to guest allergies, that’s too broad to be fair or enforceable.

3. Clauses that gag whistleblowing.
Illegal. NDAs can’t stop you from reporting crimes, harassment, or safety risks. Ever.

4. Lifetime silence.
If there’s no end date, or the terms seem to last until the death of the universe, ask why. Moore says “3 years, any longer is usually unenforceable.”

5. No copy provided.
You must keep a signed copy. If you’re not given one, that’s a huge red flag. How can you follow rules you can’t even read? 

6. No chance for independent advice.
If you're not allowed to get legal guidance or consult your union, walk away. That’s not confidentiality, that’s control.

 ✨ For more no-nonsense tips and honest advice at every stage of your yachting journey, check out Superyacht Life: How to Start, Succeed, & Stay Sane by Erica Lay — available 1st October on Amazon.