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Notification of confidentiality agreement letter template

Reading time 3 minutes (inc. support info). Reviewed 09/03/2023.
£ 15

If you wish to notify a former employee's new employer that the employee is obliged to not share confidential information with them, send this model letter.

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What is a Notification of confidentiality agreement letter?

A Notification of Confidentiality Agreement letter to an ex-employee's new company is sent by a company to inform the ex-employee's new employer of the existence and terms of the confidentiality agreement the ex-employee signed during their previous employment. The letter is intended to ensure that the ex-employee's new employer is aware of their legal obligations to protect the confidential information of their former employer.

The Notification of Confidentiality Agreement letter typically includes a description of the types of information covered by the confidentiality agreement, the duration of the agreement, and the consequences of breaching the agreement. The letter may also request that the new employer take appropriate measures to ensure that the ex-employee does not disclose any confidential information of the former employer, either intentionally or inadvertently.

This type of letter is usually sent when a former employee has taken a new job that may involve working with similar or related types of confidential information. The former employer wants to ensure that their confidential information is protected and that the new employer understands the legal obligations of the ex-employee to maintain the confidentiality of their former employer's information.

The Notification of Confidentiality Agreement letter is an important tool for companies to protect their confidential information and prevent the unauthorised disclosure of their trade secrets, proprietary information, customer data, and other sensitive information. It helps to establish clear communication between the former and new employer and reinforces the ex-employee's obligations to protect the confidential information of their former employer.

Notification of confidentiality agreement letter template
notification of confidentiality agreement letter template

What legal and best practice aspects should employers be aware of?

You can legally enforce a confidentiality agreement, also known as a non-disclosure agreement (NDA), provided that the agreement is properly drafted and executed.

A confidentiality agreement is a legally binding contract between two or more parties that aims to protect confidential information from being disclosed to third parties. The agreement sets out the terms and conditions under which the parties agree to keep confidential information confidential, and the consequences of breaching those terms.

To enforce a confidentiality agreement, you must demonstrate that the agreement is valid and enforceable. This involves ensuring that the agreement:

  1. Is properly executed: The agreement should be signed by all parties and dated, and should clearly identify the confidential information being protected.
  2. Is reasonable: The terms of the agreement should be reasonable in scope and duration, and should not be overly restrictive or anti-competitive.
  3. Has consideration: The agreement should have adequate consideration, such as payment, exchange of services, or access to confidential information.
  4. Was communicated: The agreement should be communicated effectively to all parties, and they should have had an opportunity to ask questions and seek legal advice before signing.

Notification of confidentiality agreement [Delete this line]


[Company name]

[Sender address]

 

[date]

[Recipient name]

[Recipient address]

 

Dear [Recipient first name],

 

Notice of confidentiality agreement

We are writing to inform you that [former employee's name], who recently joined your company, was previously employed with our organisation and was privy to confidential and proprietary information. As such, we would like to remind you of the Confidentiality Agreement that [former employee's name] signed during their tenure with us and to request your cooperation in ensuring that our confidential information remains protected.

As you may be aware, the Confidentiality Agreement prohibits [former employee's name] from disclosing any confidential information of our company to third parties, including trade secrets, proprietary information, customer data, and other sensitive information. The agreement remains in effect even after [former employee's name]'s employment with us has ended.

We take the protection of our confidential information very seriously and rely on the cooperation of our former employees' new employers to ensure that our information remains secure. We kindly request that you take all necessary measures to ensure that [former employee's name] does not disclose any confidential information of our company, either intentionally or inadvertently.

We would also like to take this opportunity to remind you that any unauthorised disclosure of our confidential information could have severe consequences, including legal action and other remedies available to us under the law.

It is not our intention to prevent this individual, nor any other former employee, from using the general knowledge of the industry or skills acquired while employed by our company. Protecting our company's confidential information is our only concern. As a business organisation also possessing confidential data and trade secrets, you can appreciate our position, I am sure.

If you have any questions or concerns about the Confidentiality Agreement or the information it covers, please do not hesitate to contact us. We appreciate your cooperation in this matter and look forward to maintaining a positive and productive relationship with your company.

Your co-operation in this matter will be greatly appreciated.

For information purposes, I am also sending a copy of this letter to [ex-employee name].

Yours [faithfully | sincerely],

 

 

[Sender name]

[Sender job title]

[Sender telephone]
[Sender email]

Direction

The Notification of confidentiality agreement letter template is issued by an employer
Employer
Issue path
The Notification of confidentiality agreement letter template is issued to a company
Company

Sequence

Previous step
Letters
Reminder of confidentiality agreement letter template

If it is alleged that a former employee is sharing confidential information that thay obtained during their employment with you, send this model letter to them to remind them that a confidentiality agreement continues to apply.

This step
Notification of confidentiality agreement letter template
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