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Non Disclosure Agreement For Employees for the United Kingdom

Non Disclosure Agreement For Employees Template for England and Wales

This is a legally binding agreement governed by the laws of England and Wales, designed to protect an organization's confidential information by establishing confidentiality obligations for employees. It defines what constitutes confidential information, sets out the employee's obligations to maintain confidentiality, specifies the duration of these obligations, and outlines the consequences of breach. The agreement complies with UK employment law, data protection regulations, and whistleblowing provisions.

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Non Disclosure Agreement For Employees

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What is a Non Disclosure Agreement For Employees?

The Non Disclosure Agreement For Employees is a crucial document used when organizations need to protect their confidential information, trade secrets, and intellectual property from unauthorized disclosure or use by employees. This agreement, governed by English and Welsh law, is typically implemented at the start of employment or when an employee's role changes to involve access to sensitive information. It defines confidential information broadly to include trade secrets, technical data, customer information, business strategies, and other proprietary information. The agreement ensures compliance with UK legislation including the Trade Secrets Regulations 2018 and data protection laws, while maintaining appropriate carve-outs for protected disclosures.

What sections should be included in a Non Disclosure Agreement For Employees?

1. Parties: Identifies the employer and employee

2. Background: Sets out context of employment relationship and need for confidentiality

3. Definitions: Defines key terms including Confidential Information, Trade Secrets, and Permitted Disclosures

4. Confidentiality Obligations: Core obligations regarding use and protection of confidential information

5. Duration: Period for which obligations remain in force

6. Return of Materials: Requirements for returning confidential materials upon termination

7. Breach and Remedies: Consequences of breach and available remedies

What sections are optional to include in a Non Disclosure Agreement For Employees?

1. Intellectual Property: Additional IP provisions when employee will create or handle intellectual property

2. Non-Competition: Restrictions on competing activities for senior employees or those with access to sensitive commercial information

3. Third Party Rights: Rights of group companies to enforce when employee will access group company information

What schedules should be included in a Non Disclosure Agreement For Employees?

1. Schedule of Confidential Information: Detailed list of types of confidential information covered

2. Schedule of Permitted Disclosures: List of circumstances where disclosure is permitted including whistleblowing rights

3. Schedule of Group Companies: List of group companies covered by the agreement if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions
















Clauses



















Industries

Trade Secrets (Enforcement, etc.) Regulations 2018: Key legislation implementing the EU Trade Secrets Directive, defining trade secrets and their protection, and establishing remedies for breach. Essential for determining what information can be protected under the NDA.

Employment Rights Act 1996: Primary legislation governing employment relationships in the UK, protecting employee rights and covering provisions about unfair dismissal. Must be considered to ensure NDA aligns with basic employment rights.

Data Protection Act 2018 and UK GDPR: Regulatory framework for personal data handling, affecting what information can be classified as confidential and impacting employee privacy rights. NDA must comply with data protection principles.

Public Interest Disclosure Act 1998: Whistleblowing legislation that protects employees making protected disclosures. NDA must include appropriate carve-outs and cannot prevent legitimate whistleblowing activities.

Contract Law principles: Common law principles governing contract formation, consideration requirements, and reasonableness of restrictions. Forms the legal foundation for the enforceability of the NDA.

Restraint of Trade Doctrine: Legal principle ensuring restrictions in the NDA are reasonable, with justifiable time limits and geographic scope. Critical for maintaining enforceability of confidentiality provisions.

Human Rights Act 1998: Legislation impacting privacy rights and freedom of expression considerations. NDA must balance confidentiality requirements with fundamental human rights.

Equality Act 2010: Anti-discrimination legislation ensuring the NDA doesn't discriminate and preventing its use to cover up discrimination. Must be considered when drafting confidentiality provisions.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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