Until the Government decide the fate of non-disclosure agreements you’ll want to be sure the confidentiality provisions you’re drafting are enforceable and won’t damage your reputation.
Here are our thoughts:
• Avoid confidentially provisions tainting the rest of an agreement (and potentially making it all disclosable) – put them in a separate document;
• Don’t stop disclosures to the police and other regulated authorities;
• Make clear that although you’re asking for certain information to be kept confidential the employee can still ‘blow the whistle’ (it’s their legal right and any suggestion otherwise is likely to make the agreement unenforceable);
• Recognise that confidential information sometimes doesn’t need to be kept secret forever – set a confidentiality time limit if possible;
• Suggest the employee takes legal advice on the provisions – they’re likely to be more enforceable.
To have your say on the Government’s consultation click here – the deadline to respond is 29 April.
Let us know if you’d like a hand with your confidentiality agreements.