NDA Template for New Employees (UK 2025)
Last updated: February 2025
When You Need This Contract
While employment contracts typically include confidentiality clauses, a separate NDA for new employees provides a more comprehensive and focused framework for protecting trade secrets and confidential business information. The NDA should be signed before the employee gains access to confidential information, ideally as part of the onboarding process. It provides clarity about what information is confidential, how it must be handled, and the employee's obligations after leaving the company.
Key Clauses
- Comprehensive definition of confidential information specific to the business
- Handling obligations including storage, access, and sharing restrictions
- Duration of obligations extending beyond employment termination
- Return and destruction of confidential materials on departure
- Permitted disclosures including legal requirements and whistleblowing protections
What to Watch Out For
- Making the NDA so restrictive that it could be interpreted as preventing legitimate whistleblowing, which is protected by law
- Not distinguishing between different categories of confidential information with different levels of protection
Sample Clauses
- Sample confidential information definition: 'Confidential Information includes: trade secrets, client lists and contact details, pricing strategies and financial data, product development plans, proprietary methodologies, employee compensation information, and any information marked as confidential. Information in the public domain through no fault of the Employee is excluded.'
- Sample whistleblowing carve-out: 'Nothing in this Agreement prevents you from making a protected disclosure under the Employment Rights Act 1996 (whistleblowing), reporting concerns to a regulator, or providing information to legal authorities as required by law.'
FAQ
Should I use a separate NDA in addition to confidentiality clauses in the employment contract?
A separate NDA can be valuable for roles with significant confidential information access. The NDA provides a standalone, focused document that the employee signs specifically to acknowledge their confidentiality obligations. It can be more detailed than a contract clause, is easier to enforce as a separate agreement, and sends a clear signal about the importance of confidentiality. Use it for senior roles, technical positions, and anyone with trade secret access.
How long do employee NDA obligations last after they leave?
Confidentiality obligations for ordinary confidential information typically last 2-5 years after departure. Trade secrets can be protected indefinitely, both under the NDA and under the common law duty of confidentiality. Specify different durations for different categories of information. The key is that the duration must be reasonable and proportionate to the sensitivity of the information protected.
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Get Started FreeThis is guidance for UK businesses, not legal advice. Templates are illustrative. Consult a solicitor for complex matters.
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