Employment & HR

Employee NDA

An Employee NDA protects confidential business information from being disclosed during or after employment. A standard requirement for roles with access to sensitive information.

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What this document covers

Employer and employee details
Definition of confidential business information
Permitted use (only for employment purposes)
Exclusions from confidentiality
Duration of obligations (including post-employment)
Obligation to return confidential materials on leaving
Consequences of breach
Governing law (Employment Act 2007 and Law of Contract Act)

Frequently Asked Questions

Can an employer require an employee to sign an NDA in Kenya?
Yes. Employee NDAs are common and enforceable under the Law of Contract Act (Cap. 23), provided they are reasonable in scope and duration and do not prevent the employee from using their general skills and knowledge in future employment. An NDA signed as a condition of employment is binding.
Does an employee NDA survive termination in Kenya?
Yes, if the agreement expressly states that confidentiality obligations continue after the employment ends. Most employee NDAs include a survival clause. Courts will enforce post-termination confidentiality for genuinely confidential information (trade secrets, client data) but not for general industry knowledge.
Is an employee NDA valid internationally?
Yes. Employee NDAs are standard across common law jurisdictions. The enforceability of post-employment clauses varies — the UK, Australia, and Kenya all apply a reasonableness test, striking down clauses that are wider than necessary to protect a legitimate business interest.