Non-disclosure agreements (NDAs) and confidentiality provisions in employment


Published by a ³ÉÈËÓ°Òô Employment expert
Practice notes
In-house

Non-disclosure agreements (NDAs) and confidentiality provisions in employment


Published by a ³ÉÈËÓ°Òô Employment expert

Practice notes
In-house
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Non-disclosure agreements (NDAs), or Confidentiality clauses, are contractual provisions which seek to prohibit the Disclosure of information. Such clauses:

  1. •

    are common in agreements to settle employment Disputes or to end employment, as part of a mechanism for both sides to move on with a clean break (for further information, see Practice Note: Settlement agreements in employment—practical and tax issues and in particular the main section: Confidentiality, non-disclosure and whistleblowing)

  2. •

    may also be included in contracts of employment, eg to protect commercially sensitive information (for further information, see: The legal considerations below and Practice Note: Restrictions and other express terms during employment—Disclosure of confidential information during employment)

In this Practice Note, a reference to a confidentiality provision or NDA includes a stand-alone NDA and a confidentiality or secrecy clause in an employment contract, settlement agreement or other employment-related agreement.

The use of confidentiality provisions or NDAs came under scrutiny as a result of certain high profile cases in 2017 (including in relation to allegations against Harvey Weinstein and Sir Philip Green), particularly

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Non-disclosure definition
What does Non-disclosure mean?

The failure by an insured to declare a material fact, which would have affected the insurer’s ability to assess the risk, the terms of the policy and/or premium charged.

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