The topic of non-disclosure agreements (NDA) and confidentiality clauses within the context of employment has attracted a surge in media attention in recent years, particularly following the rise of the #metoo campaign relating to the use of NDAs to cover up sexual harassment issues in some workplaces. A lawful NDA is a legally enforceable agreement in which both parties agree to keep certain information confidential. An NDA will be deemed unlawful and non-enforceable as a result if it has been used to cover up other unlawful activities.

Despite some negative press on the issue, the vast majority of NDAs and similar provisions included in employment agreements are genuine efforts by employers to protect their business and avoid litigation.

Under an employee non-disclosure agreement, both parties are bound by confidentiality provisions, such as preventing the employee from disclosing certain specified information relating to the conduct of the employer or the termination of the employment contract. Employers may wish to include NDAs and confidentiality provisions in their employees' employment contracts in order to protect trade and business secrets, client details and other information which an employee may come across during their time of employment.

Although not yet in force, employers should stay up-to-date on any new legislation introduced on this topic following the UK government's announcement in 2019 that they will introduce new legislation to govern the use and misuse of NDAs within an employment context.

Legal Island Training Resources for Your Staff

ESG in the Workplace | eLearning Course

Are you responsible for overseeing the implementation of training for all employees in your organisation?
ESG refers to the Environmental, Social, and Governance issues that impact the day to day running of an organisation. Concerns over climate change, sustainability, and inequality has led many organisations to take a more ethical and responsible approach to how they run their businesses.
Legal Island's ESG in the Workplace course is for all employees and will develop their understanding of the core principles of ESG and the impact they have on behaviours and processes in the workplace. It will provide practical examples and useful tips on how they can help their organisation achieve its ESG goals.

Click here to view our eLearning course on ESG in the workplace.