Employee NDAs must be proportionate and reasonable in scope. They cannot prevent disclosure of wrongdoing to regulators (protected disclosures). Post-employment obligations must be reasonable in duration.

• Cannot prevent whistleblowing or protected disclosures (ERA 1996)
• Sexual harassment NDAs are unenforceable (Workers Act 2023)
• Must define confidential information clearly
• Should specify what is NOT confidential (e.g. public domain info)
• Usually part of employment contract or signed separately

Legal reference: Employment Rights Act 1996 ss.43A–43L; Workers (Protection) Act 2023