Legal Templates
Non Solicitation Non Disclosure Agreement

Non Solicitation Non Disclosure Agreement for Singapore

Non Solicitation Non Disclosure Agreement Template for Singapore

A legally binding agreement under Singapore law that combines both non-solicitation and non-disclosure provisions. It prevents parties from soliciting employees, customers, or business relationships while also protecting confidential information. The document is structured to comply with Singapore's Employment Act, Personal Data Protection Act, and common law principles regarding restraint of trade, ensuring enforceability while protecting legitimate business interests.

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What is a Non Solicitation Non Disclosure Agreement?

The Non Solicitation Non Disclosure Agreement is essential for businesses operating in Singapore seeking to protect their competitive advantages and confidential information. This document is particularly relevant when employees, contractors, or business partners have access to sensitive information or key business relationships. It combines protective measures under Singapore law to prevent both the misuse of confidential information and the poaching of employees or customers. The agreement must be carefully drafted to ensure compliance with Singapore's legal framework while maintaining enforceability tHRough reasonable restrictions.

What sections should be included in a Non Solicitation Non Disclosure Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used tHRoughout the agreement

4. Confidentiality Obligations: Scope and nature of confidentiality requirements

5. Non-Solicitation Provisions: Restrictions on soliciting employees, customers, or suppliers

6. Term and Termination: Duration and termination conditions

7. Governing Law: Specification of Singapore law as governing law

What sections are optional to include in a Non Solicitation Non Disclosure Agreement?

1. Return of Confidential Information: Procedures for returning or destroying confidential information when physical or digital materials are involved

2. Data Protection: PDPA compliance provisions for handling personal data

3. Survival Clause: Provisions that continue after agreement termination

4. Assignment: Rights to assign the agreement to other parties

What schedules should be included in a Non Solicitation Non Disclosure Agreement?

1. Schedule of Confidential Information: Detailed list of what constitutes confidential information

2. Schedule of Restricted Customers/Suppliers: List of specific entities covered by non-solicitation

3. Schedule of Restricted Activities: Detailed description of prohibited activities

4. Data Processing Schedule: Details of data handling procedures if personal data involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

Singapore

Publisher

Genie AI

Document Type

Non-Disclosure Agreement

Sector

Commercial

Cost

Free to use
Industries

Employment Act (Chapter 91): Primary legislation governing employment relationships in Singapore, relevant for non-solicitation provisions and employee-related restrictions

Personal Data Protection Act 2012 (PDPA): Regulates collection, use, and disclosure of personal data, crucial for confidentiality provisions and data protection obligations

Contracts Act (Chapter 53): Provides the fundamental legal framework for contract formation and enforcement in Singapore

Competition Act (Chapter 50B): Ensures that non-solicitation provisions do not unfairly restrict competition in the market

Evidence Act (Chapter 97): Relevant for protecting trade secrets and establishing confidentiality breaches in legal proceedings

Civil Law Act (Chapter 43): Governs remedies and relief available for breach of contract, including injunctive relief

Doctrine of Restraint of Trade: Common law principle requiring that restrictive covenants must be reasonable in scope, duration, and geographical area

PDPA Cross-Border Requirements: Specific provisions governing the transfer of personal data outside of Singapore

Legitimate Business Interest Test: Legal principle requiring that restrictions must protect genuine business interests to be enforceable

Reasonableness Requirements: Legal principle requiring that non-solicitation and confidentiality provisions must be reasonable in terms of duration, scope, and geographic coverage

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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