Non Disclosure Agreement Settlement Template for England and Wales

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Key Requirements PROMPT example:

Non Disclosure Agreement Settlement

"I need a Non Disclosure Agreement Settlement to resolve a dispute with a former contractor who shared our proprietary software code with competitors, including a settlement payment of £50,000 and ongoing confidentiality obligations to be effective from March 1, 2025."

Document background
The Non Disclosure Agreement Settlement is utilized when parties need to resolve disputes relating to the breach or alleged breach of confidentiality obligations under English and Welsh law. This document is particularly relevant when there has been an actual or perceived unauthorized disclosure of confidential information, and parties wish to resolve the matter without proceeding to litigation. The agreement typically includes settlement terms, ongoing confidentiality obligations, non-disparagement provisions, and release of claims. It serves as both a resolution mechanism and a forward-looking document that establishes clear parameters for future conduct.
Suggested Sections

1. Parties: Identification of all parties to the agreement including full legal names and addresses

2. Background: Context of the dispute and reason for settlement

3. Definitions: Key terms used throughout the agreement

4. Settlement Terms: Specific terms of settlement including any payments or actions required

5. Confidentiality Obligations: Scope of confidentiality requirements and duration

6. Non-Disparagement: Mutual agreements regarding future communications about the dispute

7. Release of Claims: Waiver of legal rights and claims related to the dispute

Optional Sections

1. Return of Property: Terms for returning company property or confidential information when physical or digital assets need to be returned

2. Future Cooperation: Terms regarding ongoing obligations or assistance when parties need to maintain some form of relationship

3. Tax Implications: Statement about tax treatment of settlement payments when financial settlement is involved

Suggested Schedules

1. Schedule of Payments: Detailed breakdown of any settlement payments and timing

2. List of Confidential Information: Specific items or categories of information covered by confidentiality

3. Form of Announcement: Agreed public statement about the settlement 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

Clauses
Industries

Contract Law Fundamentals: Common Law principles of contract formation, Contracts (Rights of Third Parties) Act 1999, and Misrepresentation Act 1967 - establishing the basic framework for the agreement's validity

Confidentiality Law: Common Law duty of confidentiality and Trade Secrets (Enforcement, etc.) Regulations 2018 - governing the core confidentiality obligations and remedies

Data Protection Legislation: UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 - ensuring compliance with data privacy requirements

Employment Law: Employment Rights Act 1996 and Equality Act 2010 - relevant when the NDA settlement involves employment relationships or workplace disputes

Settlement Rules: Civil Procedure Rules (Part 36 - Offers to Settle) and Without Prejudice Communication rules - governing the settlement process and communications

Public Policy Framework: Public Interest Disclosure Act 1998 and Restraint of Trade doctrine - ensuring the agreement doesn't improperly restrict lawful disclosures or trade

Intellectual Property Legislation: Copyright, Designs and Patents Act 1988, Trade Marks Act 1994, and Patents Act 1977 - protecting intellectual property rights within the settlement

Limitation Rules: Limitation Act 1980 - defining the time limits for enforcement and legal actions related to the settlement agreement

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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