NDA For Employee Leaving Company Template for England and Wales

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Key Requirements PROMPT example:

NDA For Employee Leaving Company

"I need an NDA For Employee Leaving Company for our senior software developer who has access to our proprietary code and client database, who will be departing on March 15, 2025, with specific focus on protecting our intellectual property and including non-compete provisions."

Document background
An NDA For Employee Leaving Company is a crucial document used when an employee terminates their employment relationship with an organization. Under English and Welsh law, this agreement specifically addresses the handling of confidential information, trade secrets, and intellectual property after employment ends. It's particularly important for employees who have had access to sensitive business information, client data, or proprietary technology. The document typically includes provisions for information protection, return of company property, and may incorporate non-compete or non-solicitation clauses where appropriate. It helps protect the company's interests while ensuring compliance with employment law and reasonable restriction principles.
Suggested Sections

1. Parties: Identifies the employer and departing employee

2. Background: Context of employment and reason for NDA

3. Definitions: Key terms including Confidential Information, Trade Secrets, etc.

4. Confidentiality Obligations: Core confidentiality requirements and restrictions

5. Return of Company Property: Requirements for returning documents and materials

6. Duration: Time period for confidentiality obligations

7. Governing Law: Specification of English and Welsh law

Optional Sections

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

2. Non-Solicitation: Restrictions on approaching clients/employees - for client-facing or management roles

3. Intellectual Property: Additional IP protection provisions - for employees involved in R&D or creative work

4. Garden Leave: Terms of any garden leave period - when employee is placed on garden leave before departure

Suggested Schedules

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

2. Schedule of Company Property: List of items to be returned

3. Schedule of Restricted Clients: List of clients covered by non-solicitation (if applicable)

Authors

Alex Denne

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

Industries

Employment Rights Act 1996: Primary legislation governing employment rights, particularly relevant for post-employment obligations and protection against unfair restrictions on future employment

Trade Secrets (Enforcement, etc.) Regulations 2018: Regulations specifically dealing with the protection of confidential information and trade secrets, including their legal definition and enforcement

Common Law principles on Confidentiality: Established case law principles, including the Faccenda Chicken principles, determining what information can reasonably be protected and different categories of confidential information

Competition Act 1998: Legislation ensuring that restrictions don't breach competition law and maintaining reasonable restraint of trade considerations

Data Protection Act 2018 and UK GDPR: Laws governing the treatment of personal data and ongoing data protection obligations after employment ends

Contract Law principles: Fundamental legal principles covering consideration requirements, reasonableness of restrictions, and enforceability of contractual terms

Equality Act 2010: Legislation ensuring the NDA doesn't discriminate and properly considers protected characteristics

Public Interest Disclosure Act 1998: Law protecting whistleblowing rights and preventing NDAs from blocking protected disclosures in the public interest

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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