What should you consider when drafting an NDA for the end of a working relationship?
Nick Denys, employment law policy adviser at the Law Society, chairs an expert panel who explore the legal, regulatory and ethical challenges involved in drafting non-disclosure agreements (NDAs) and confidentiality clauses for the end of a working relationship.
- Max Winthrop, head of employment law at Short Richardson & Forth Solicitors and chair of the Law Society's Employment Law Committee
- Beth Hale, partner and general counsel at CM Murray and training provider on behalf of the Employment Lawyers' Association
- Paul McFarlane, partner at Weightmans, member of the Law Society's Employment Law Committee, and chair of the Employment Lawyers' Association Legislation and Policy Committee
Listen to the podcast:Listen to "What should solicitors consider when drafting NDAs/confidentiality agreements for the end of a working relationship?" on Spreaker.
"Think beyond your drafting considerations and strict wording to the impression that is created by the NDA, and think about the person reading it, the individual who might be signing it, and the chilling effect that the NDA might have."
"Now, in light of recent history, solicitors probably have to start thinking about 'why am I being instructed to do this? and 'are there broader issues at play here?'"
"You can't be prevented from reporting a crime. You can't be prevented from reporting a protected disclosure to a regulatory authority. You can't be prevented from co-operating with a criminal investigation. You can't be prevented from keeping or receiving a copy of the agreement."