Affidavit Of Non Disclosure Template for England and Wales

An Affidavit Of Non Disclosure is a sworn statement that creates formal legal obligations regarding confidential information under England and Wales law. Unlike standard non-disclosure agreements, this document is sworn under oath before a Commissioner for Oaths or Notary Public, giving it enhanced legal status and making false statements potentially subject to perjury charges under the Perjury Act 1911.

When do you need this document?

You'll typically require this affidavit when standard confidentiality agreements aren't sufficient for your situation. This occurs frequently in high-stakes commercial transactions where sensitive financial data, trade secrets, or proprietary information must be shared with third parties. Legal proceedings often necessitate these affidavits when witnesses or experts need access to confidential case materials. Merger and acquisition activities commonly use them to protect due diligence information shared with potential buyers or advisors. Government contractors may require sworn confidentiality statements for access to sensitive official information under the Official Secrets Act 1989.

Key legal considerations

The sworn nature of this document means you must ensure complete accuracy in all statements, as false declarations constitute perjury. Your obligations section must clearly define what constitutes confidential information, specify permitted uses, and outline prohibited disclosures. Consider including carve-outs for information already in the public domain, independently developed knowledge, or disclosures required by law. The document should specify remedies for breach, including injunctive relief under equitable principles of breach of confidence. Duration clauses need careful consideration, as perpetual confidentiality may be unenforceable unless justified by the nature of the information. Remember that this affidavit operates alongside your existing contractual obligations rather than replacing them.

Legal requirements in England and Wales

Your affidavit must comply with Civil Procedure Rules Part 32 regarding the format and execution of sworn statements. The document requires proper execution before a Commissioner for Oaths, solicitor with practicing certificates, or Notary Public who can administer oaths. You must provide valid identification and swear or affirm the truth of the contents. The Data Protection Act 2018 governs how any personal data within the confidential information must be handled, requiring compliance with GDPR principles. Common law confidentiality principles established through case law will determine enforceability, requiring the information to be confidential, disclosed in circumstances importing obligation of confidence, and subject to unauthorized use. The Human Rights Act 1998 may provide additional privacy protections depending on the nature of the confidential information involved.